A lawyer, one of many, e-mails:
John, the few number of cases Miers has actually tried is not at all unusual. When a lawyer is referred to as a “litigator,” that does not mean he or she does much trial work (unless he or she does criminal law). The vast majority of civil cases (more than 90%) settle or are dismissed without trial. You are correct in noting that the mere fact that she was a “litigator” does not tell you anything about her courtoom experience or judicial ability. More interesting would be an examination of “when” these cases occurred in her career. If they were early in her career, and she had few cases at trial thereafter, it might show that she, in fact, did not enjoy the judicial process and moved out of it. I much prefer judges who enjoy and hold an appreciation for the judicial process.
If the Miers defenders want to make the case that her experience writing briefs and billing hours and negotiating settlements has prepared her for the Supreme Court, they should go right ahead.






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