The History of Project LITIGATE:

In recent years there has been much discussion among lawyers and judges about a serious problem facing the trial bar: The growing challenge young lawyers have in getting trial and litigation experience. Simply stated, the precipitous decline in the number of cases going to trial means that it is taking longer and longer for aspiring trial attorneys to develop litigation skills, particularly in the area of courtroom advocacy. This circumstance affects not only the career development of our next generation of prospective litigators, but it also impacts the bar’s obligation to provide the public with a sufficient number of adequately trained courtroom attorneys to serve their needs.

This issue has been of particular concern to Pennsylvania Supreme Court Justice Christine Donohue who over the past few years has discussed this issue with her judicial colleagues and in front of bar groups. Among many things, Justice Donohue felt there was a need for a grassroots effort among lawyers and law firms to raise awareness of, and propose solutions to, this problem. To that end, in the Fall of 2022 she asked Pittsburgh trial attorney John P. Gismondi to assemble and chair a statewide committee that would be tasked with developing a program or initiative to meet that goal. 

After accepting the role, Mr. Gismondi contacted the Presidents of a wide spectrum of bar groups in Pennsylvania and asked them to appoint two individuals to serve on the committee. Each of those Presidents expressed immediate and unqualified support for the mission of the committee and promptly appointed the following representatives to join the effort: 

Pennsylvania Bar Association: Lydia Caparosa, Eric Prock

Pennsylvania Defense Institute: Stuart Sostmann, Daniel Stofko

American College of Trial Attorneys: Veronica Richards, Heather Hansen  

Pennsylvania Association of Justice: Joseph Froetschel, Jamie Anzalone

Philadelphia Association of Defense Counsel: Harriet Anderson, Jerry Valentini

Philadelphia Trial Lawyers Association: Kristin Buddle, Megan Kwak, Ken Fulginiti, Andrew Duffy

Academy of Trial Lawyers of Allegheny County: Stanley Parker, Elizabeth Chiappetta

The committee met several times during the Winter of 2022-2023. At the outset, there was unanimous agreement among committee members that the issue of adequate early litigation experience for young associates was not an exaggerated or contrived issue; instead, all were in agreement that it was indeed a real problem not only for aspiring trial attorneys, but also for the profession and the public at large. The Committee’s first order of business was to adopt a name that would enhance recognition and visibility of its campaign. The name chosen was Project LITIGATE (Lawyers Initiative To Improve next Gen Attorneys’ Trial Experience). This catchy acronym precisely captures the essence of what the committee was attempting to accomplish. 

Next, the committee spent considerable time talking about specific policies or practices that firms might adopt to provider earlier exposure for young lawyers to a wide range of litigation tasks such as case planning, preparation for, and taking of depositions, oral arguments, and, of course, actual trial of a case. Those recommendations were ultimately tweaked and refined and put into the form of something called “The LITIGATE Pledge.” The committee settled on the use of the “pledge” device not only because it provides a clear identity to our program, but also because the word itself conveys a sense of commitment while not mandating that firms do anything. Thus, the Pledge represents an aspirational statement, a shared commitment within the firm and the broader bar community to be more aware of the needs of aspiring litigators and to make a sustained effort to address those needs. The LITIGATE Pledge was officially released to the bar in the Spring of 2023.

Once having developed “The LITIGATE Pledge,” each member of the committee was assigned the task of referring it back to their individual bar group for discussion and vetting through the appropriate channels, all with the aim that each of them would eventually adopt a resolution encouraging their individual members to “Take the Pledge.” In short order each of the bar groups did exactly that, i.e., they all endorsed Project LITIGATE. 

In the Summer of 2023, the Pennsylvania Conference of State Trial Judges also endorsed Project LITIGATE and they even went one step further and passed their own resolution encouraging trial judges across the state to adopt courtroom practices that promote the participation of young associates in motions court, oral argument and trial preparation.