You ask a very good question. Clearly, we asked ourselves that question too: if only 3% of cases have preliminary inquiries, why not eliminate them?
What we have to recognize is that preliminary inquiries have a positive side, in that they often encourage settlements. In addition, no empirical study allows us to say that certain measures would reduce the number to 2%, or to any percentage. Something else really enters into this equation. Keeping preliminary inquiries often encourages a settlement earlier in the process. To what extent is that the case? Quite honestly, it is difficult for us to say.
Whatever the case, with preliminary inquiries, we wanted to warn you to be careful. We suggest not throwing out the baby with the bathwater.