“The obstacles that are commonly raised against increasing timeliness include the following: more judges and more resources are needed; lawyers lack trial experience and are simply taking too long; the volumes of evidence and complexities of our legal system drive more intensive and longer process; and lawyers and parties are not cooperating in reducing the courts’ work.

These objections at bottom reflect the widespread commitment to those very features of our system that create and sustain delays. We are mistaken if we think they are either accidental or unloved. In relation to the failure to achieve timeliness they can be sorted into the problems of distributed responsibility, adverse incentives and practical challenges…”

Continue Reading: Geoffrey Cowper, K.C., “Delay and Timeliness: Part III – Obstacles and Implementation” (January 2025). The Advocate Vol 83:1 41-44. Online: https://issuu.com/advocatemagazine/docs/jan_pages_1-160.