Lesser Law Blog - Personal Injury Law » Arbitration Agreements http://www.lesserlawfirm.com/injuryblog Just another WordPress weblog Wed, 08 Sep 2010 16:20:35 +0000 http://wordpress.org/?v=abc en hourly 1 But I Don’t Want to Go to Court… http://www.lesserlawfirm.com/injuryblog/%e2%80%9cbut-i-don%e2%80%99t-want-to-go-to-court%e2%80%a6%e2%80%9d/ http://www.lesserlawfirm.com/injuryblog/%e2%80%9cbut-i-don%e2%80%99t-want-to-go-to-court%e2%80%a6%e2%80%9d/#comments Wed, 17 Mar 2010 20:19:14 +0000 Michael S. Smith http://www.lesserlawfirm.com/injuryblog/?p=174 Thru the years, we have frequently had clients express concern about “going to court.”  This reaction is natural, since many of our clients have never had any interaction with the justice system.  On television, “court” looks like a very scary…

]]> Thru the years, we have frequently had clients express concern about “going to court.”  This reaction is natural, since many of our clients have never had any interaction with the justice system.  On television, “court” looks like a very scary place.  Slick lawyers hammer witnesses into confessions before the first commercial break.  What sane person would voluntarily subject herself to such abuse?

Reality, of course, is much different from television drama.  Many civil disputes are resolved before a lawsuit is even filed.  Of those that are filed, well over 9 out of 10 are settled without the client ever setting foot in the courthouse.  Florida has a very strong pre-trial mediation program.  This program is mandatory, and no case can go to trial in Florida without first going through the mediation process.  Trained mediators help the parties try to reach a compromise they can live with.  We have had great success in resolving cases through pre-trial mediation.

Of course, not every case settles before trial.  We have found that, after getting over the initial butterflies, our clients almost universally agree that the process is not as bad as they expected.  Palm Beach County is blessed with the finest judiciary in the State of Florida.  Our Judges do not allow the sort of behavior seen on television dramas, and the experience is simply not as nerve-wracking as TV would suggest.

Our lawyers have a vast amount of trial experience. Insurance companies and defense lawyers know this.

Our abilities in the courtroom allow us to resolve most of our cases before trial.  While it might be natural to have feelings against “going to court,” that should never be a reason for not pursuing a valid claim.

]]> http://www.lesserlawfirm.com/injuryblog/%e2%80%9cbut-i-don%e2%80%99t-want-to-go-to-court%e2%80%a6%e2%80%9d/feed/ 0 Arbitration Agreements: Sign on the Dotted Line??? http://www.lesserlawfirm.com/injuryblog/arbitration-agreements-sign-on-the-dotted-line/ http://www.lesserlawfirm.com/injuryblog/arbitration-agreements-sign-on-the-dotted-line/#comments Mon, 24 Aug 2009 14:31:41 +0000 Michael S. Smith http://www.lesserlawfirm.com/injuryblog/?p=125 Trial by jury is an important American right. It is what sets our system of justice apart from the rest of the world. The right to a jury trial is so important that our Founding Fathers codified it in the…

]]> Trial by jury is an important American right. It is what sets our system of justice apart from the rest of the world. The right to a jury trial is so important that our Founding Fathers codified it in the Bill of Rights. The Seventh Amendment to the United States Constitution states specifically that “the right of trial by jury shall be preserved…”Consumers are increasingly being “asked” to waive their right to a jury trial and instead agree to arbitrate any disputes. Why is this important right under attack? Simply put, those who are “asking” consumers to waive their rights are afraid of the power of the American jury system. They seek to have disputes decided in arbitration, where they can control who the decision makers – the arbitrators – are going to be. Big business knows that it cannot control the American jury system and that juries will hold big business accountable when it cheats, injures, or kills consumers. Big business also knows that if it can handpick friendly referees, the contest is over before it ever begins. After all, do you really believe they are “asking” for an agreement to arbitrate in order to help consumers?

When are arbitration agreements being sought? Common examples include admission to a nursing home, purchase of a car, at a physician’s office, etc. How is an arbitration agreement “asked” for? Typically, in one of the many forms most people do not even bother to read before signing. It is only later — after economic injury, personal injury or even wrongful death occurs — that many consumers even realize the significance of “signing on the dotted line.”

Several of our lawyers are active members of the American Board of Trial Advocates (ABOTA). A national organization made up of leading lawyers and judges, ABOTA is dedicated to preserving the Seventh Amendment. The ABOTA web site, www.abota.org, perhaps says it best: “Thomas Jefferson was of the opinion that the right to trial by a jury of fellow citizens was a more important safeguard of personal liberty than the right to vote. With a jury, the rights and duties of each of us will be decided by our fellow citizens, not by some bureaucrat or governmental functionary.”

The lawyers at Lesser, Lesser, Landy & Smith have tried hundreds of cases to juries. We believe in the American jury system. Although not perfect, it is the best system in the world. The American jury system provides victims of personal injury and wrongful death the opportunity to present the facts and let others in the local community decide the consequences.

So should you “sign on the dotted line” when presented with an arbitration agreement? NEVER.

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