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ARTICLE · 11 AUGUST 2015

Ten Reasons Not To Ask For A Jury Trial

Fox Rothschild LLP
Fox Rothschild LLP
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The conventional wisdom is that a jury intimidates defendants, particularly insurance companies, and creates the possibility of a higher verdict than in a bench trial.

United StatesLitigation, Mediation & Arbitration

Most plaintiff lawyers believe that you should always ask for a jury trial. The conventional wisdom is that a jury intimidates defendants, particularly insurance companies, and creates the possibility of a higher verdict than in a bench trial.

However, this is not always true. In many cases you are better off without a jury even as a plaintiff.

Here are ten reasons why you may want to avoid a jury trial:

  1. Your client is not likeable;
  2. The defendant is sympathetic;
  3. The case is very complicated and the jury will not understand it;
  4. The defendant is a local business or has a good reputation in the community;
  5. Your case is in a conservative community that would likely frown on big jury verdicts;

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