Market-Influencing Litigation Trends 2021 — Experts’ Opinions

With drastic changes that we have witnessed since the pandemic in 2020, the legal sector had to undergo some significant transformations in its operations to meet the new challenges in litigation. In fact, many law firms specializing in litigation are increasing their reliance on litigation support services in order to deal with a continuously growing workload.

Legal firms have become technologically advanced in their operations but are a step behind in meeting the settlement of the pending cases. With increased video hearings, online mediations, and arbitrations, a general trend has been observed that most parties prefer an out-of-the-court settlement, as it is more feasible and cost-effective. In addition, there has been a significant change in ADR (Alternative dispute resolution) with a major shift of offline mediations and arbitrations to online ones.

Hearings have become smoother, cheaper, and more convenient — paperless with minimum travel expenses and a minimum attendance of witnesses in the courtroom daily. Therefore, to learn more, let’s read what experts say on this topic.

Experts’ Views on Market-Changing Trends in Litigation in 2021

Troy Doucet, Loanlawyer

We expect that the foreclosure moratoriums to continue to significantly depress litigation against homeowners facing missed payments.

We do not expect foreclosure litigation to resume until the fall, at the soonest. Bank lawsuits against businesses suffering under Covid-19 will likely increase significantly.

We saw a lot of posturing mid-2020 only to have banks push off business debt lawsuits into 2021. This will likely pick up Q3 of 2021.

Our colleagues are reporting lower numbers of personal injury cases and workers’ compensation, so litigation will also be depressed. I’m not sure who might be filing more lawsuits in 2021, although we are seeing homeowners’ associations filing foreclosures at similar 2020 numbers, as well as real estate tax lawsuits. Similarly, debt buyers do not seem to stop filing and will probably pick up mid-2021 filing lawsuits over old unsecured debts.

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Market-Influencing Litigation Trends 2021 — Experts’ Opinions

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