When you don't know what to do next, there are options. We try to get you the best outcome in as short a time as possible. Sometimes that means going to trial and asking a jury of your peers to decide the outcome. Sometimes that means simply sitting down with the other side and reaching an agreement. This information may help you understand the jury trial process a little better.
- What we want juries to know - The Judge will tell the jury what the law is, but the jury evaluates the witnesses' credibility and makes decisions about the facts. Because jurors are making the big decisions about liability and damages, they must be impartial and fair to all sides.
- How juries are selected - Juries are chosen from a larger panel of prospective jurors known as the venire. The attorneys and sometimes the judge will question the jury about issues related to the trial. Based upon the jurors' responses, the attorneys try to "strike" the jurors that they do not think are right for their client's case.
- How juries hear a case - Juries hear the evidence and decide the facts. They may take notes but are not allowed to discuss the evidence with others until all the evidence is on the table. After both parties have had the chance to present their side of the case, the jury will discuss the evidence among themselves and make a decision. Sometimes a single piece of testimony can outweigh all of the other evidence in the case.
- Our responsibilities to jurors - We believe that the jury is one of the most important protections in our form of government. The jury deserves utmost respect and gratitude for their service, regardless of the outcome.
- The judge's role - The judge decides questions of law, whereas the jury decides questions of fact. The judge is not there to decide who is telling the truth or who is entitled to a recovery of damages. Rather, the judge's role is to make decisions about the evidence and applicable law, which can seriously impact the outcome and progress of a trial.
- Plaintiff has the burden of proof, which makes advocating your case our top priority. Gathering the evidence is critical, but our work does not stop there. Trial strategy involves planning and careful thought toward how your case will be presented. We dedicate as much time and resources as necessary toward the development of effective trial presentations and arguments.
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Why is this attorney abjecting and keeping information from me?
Trials are hard fought by both sides and the attorneys must carefully analyze all information that is shared with the jury. There are some things that are outside the bounds of fair play. In order to protect our client's rights, we must object to any improper questions or argument - however many times it takes.
- Isn't there insurance for this type of accident? Maybe, but the attorneys and persons involved usually cannot talk about insurance in a trial because it is prejudicial to raise the issue.
- The other side's legal team - All attorneys are advocates for their respective client. We push hard for our clients, and the opposing attorneys will do the same for their clients. No matter how tough the fight, though, all attorneys have an obligation to obey the professional rules of conduct established by the State Bar of Texas.
- Alternatives to jury trials are sometimes an option and other times a requirement. For example, some claims require that the parties submit the dispute to binding arbitration. Arbitration is similar to a trial but there is no jury of our peers. Rather, an arbitrator, who is often a lawyer, acts as both the judge and jury. Another option is mediation, which is less formal than arbitration and involves the assistance of a neutral third party to try and bring the parties to a mutually acceptable compromise.
