Jury trial waiver forfeited in scheduling order

By Peter Vieth
Published: January 24, 2011

Tags: ADR, Fairfax Circuit Court, Judge Jan L. Brodie, Judge Leslie Alden, Judge Stanley P. Klein, Landlord/Tenant

Lawyers disillusioned with mandatory arbitration are writing jury waiver clauses into their commercial contracts. But the lawyer must be careful not to waive the client’s contractual right to a bench trial when the lawyer goes to court for a routine scheduling conference, as one Fairfax County lawyer discovered the hard way. The lawyer’s signature on an order ...

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