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Better your chances at the bench.

Article Excerpt
Trial lawyers tend to believe that every case should go to a jury. Many of us abhor mandatory arbitration and hail the jury trial as the ultimate forum, where regular people can obtain justice against society's most powerful entities. We call the jury the "great equalizer," the "ultimate check and balance." And all this is true. Yet in some cases, justice may be better served by a bench trial.

Many of us assume that judges typically give out smaller awards than juries do, but research says otherwise. Studies conducted by the Bureau of Justice Statistics and the National Center for State Courts yielded surprising results.

One study looked at 10,275 state-court tort trials. In these, plaintiffs won 57 percent of the bench trials but only 48 percent of the jury trials. Punitive damages were awarded in 7.9 percent of bench trials but in only 2.5 percent of jury trials. (1)

In 1996, a Civil Justice Survey of State Courts looked at 15,638 cases from the 75 largest counties in the United States. The plaintiffs prevailed in 49 percent of the jury cases and in 62 percent of bench trials. (2) Both studies showed higher median awards in bench trials.

Sometimes the choice between bench and jury is not yours. Suits filed under the Federal Tort Claims Act, for instance, mandate a bench trial. So do those seeking equitable relief. However, if a claim for monetary damages is included in a cause of action, that portion can be heard in front of a jury. Bench trials are also required for certain maritime causes of action.

When you do have a choice, several factors will influence your decision. There are some obvious advantages to a bench trial. Typically, a judge can try a case in less time, a savings of both time and money. Costs for demonstrative exhibits might be less extravagant. You can also eliminate jury fees and other expenses associated with a jury trial.

Other benefits might be less obvious, but still worth considering. Take the following into account when choosing whether to go with a bench or jury trial.

Favorable judges, unfavorable juries. Some jurisdictions have a well-qualified, experienced bench where most of the judges are fair and impartial. Certain jurisdictions are known as "good plaintiff jurisdictions," and others are...