Jury or judge—which to choose?

Design professionals are often asked during contract negotiations to waive their right to a jury trial. For many years, this was not an issue because it was believed that judges reached better decisions in cases involving design professionals because the facts were too technical for a jury to understand. However, litigation in recent years has... Continue Reading →

Should you waive your right to a jury trial?

Although few disputes between clients and professionals are resolved through litigation, many clients demand that the design professional contractually waive any future right to litigate before a jury. Clients often want to set up a dispute resolution process that ends with a bench trial—allowing a judge to both decide the facts and apply the law... Continue Reading →

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