When you have found an attorney who is willing to file a lawsuit on your behalf, or perhaps you have decided to file one yourself pro se, you may think this guarantees your day in court. After all, the Seventh Amendment of the United States Constitution states: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.”
Jury trials and the lawyers and firms who do them are increasingly rare. But it is well worth seeking one out if you have an employment dispute even if you don’t want to go to trial. That is because Jury trial experience informs every decision made in a case and may drive up settlement value leading to better, more informed representation.
A short time ago, at the federal courthouse, I was talking to a named partner from a prominent employment defense firm in Austin, Texas. During a break in his jury trial that I happened to be watching, he told me that the last time he tried a case to a jury was almost four years ago when we were on opposite sides of a state court retaliation claim. At the time of the conversation, I had already done one jury trial that year and would do another in about two months. Moreover, I had done two jury trials the previous year. During the trial we did together almost four years ago, he had remarked to me that although he had represented that particular client for 10 years, this was only the second jury trial he had done for them.