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Waiving your Right to a Court Trial

Home / News Blog / Waiving your Right to a Court Trial

March 23, 2018 By FinLaw

 court trialMany people do not realize that they may have waived their constitutional right to a court or jury trial via fine print in a variety of contracts they have signed. If you live in the San Francisco Bay area and have a contract dispute, you may want to call a San Fransisco Litigation Attorney. An attorney can explain that typical consumer agreements for credit cards, bank accounts, certain purchases, leases and the like often contain what is known as an “arbitration clause.” If you sign a contract containing an arbitration clause, you are agreeing that in the event of a dispute with the other party you will not be able to go to court, but must use a private “for-hire” decision maker. You may be required to pay part of the cost of this process. According to knowledgeable attorneys, including Litigation Lawyer San Fransisco Bay, arbitration is not necessarily a “bad” thing but it does not have the same protections as court procedures – for example, there is no jury of your peers, no right to appeal, and is conducted in private.

If you find that you do have a dispute under a contract that contains an arbitration clause somewhere in the fine print (look under “Remedies” or a similar term), it is smart to consult an attorney about your options. You may be able to argue that the clause is not valid. The Law Firm of Steven C. Finley, a San Fransisco Bay Litigation Attorney, advises consumers to check out that possibility first. Even if you are bound by an arbitration clause, however, you will benefit by consulting counsel. Arbitration proceedings may be a live hearing or may be conducted using only the paperwork, but either way you are entitled to be represented by counsel.

The help of a San Fransisco Bay litigation attorney will level the playing field, ensure that you are not confused or trapped by tricky issues, and ensure that you are fairly treated, win or lose. Contact The Law Firm of Steven C. Finley today.

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