judge or jury trial? texas

[123generic]

What is the name of your state (only U.S. law)? Texas


My question. Would you choose a judge or jury (additional $22) trial?


Houston, Harris County, Texas.
Suing a small law firm, an LLP.

Have consulted and provided detailed documentation to three firms via the Houston Bar Association referral service.
Each said the firm needs to pay and it's not necessary to hire a lawyer before an/the appeal.

 

[quincy]

What is the name of your state (only U.S. law)? Texas


My question. Would you choose a judge or jury (additional $22) trial?


Houston, Harris County, Texas.
Suing a small law firm, an LLP.

Have consulted and provided detailed documentation to three firms via the Houston Bar Association referral service.
Each said the firm needs to pay and it's not necessary to hire a lawyer before an/the appeal.

That is a decision you will need to make on your own.

Two links on judge vs. jury trials:

http://litigation.findlaw.com/going-to-court/judge-versus-jury-trials.html

http://www.nolo.com/legal-encyclopedia/judge-vs-jury-trial-faq-29139.html

 

[adjusterjack]

Would you choose a judge or jury (additional $22) trial?


Houston, Harris County, Texas.
Suing a small law firm, an LLP.

Might help if you explained why you are suing a small law firm.

 

[quincy]

Details might be nice.

Suing a law firm if you are not represented by your own attorney can be difficult, despite what the attorneys consulted by 123generic through the Houston Bar referral service seem to indicate.

It is important for 123generic to note that, even if he decides to go the judge route, the defendant law firm could have the right to opt for a jury trial - so ultimately the decision may not be his to make.

 

[123generic]

Might help if you explained why you are suing a small law firm.

In a nutshell:

The firm downsized and moved to a different floor in the same building.

We provided construction services directly to the firm, not a general contractor, sub contractor., or property manager.

When following up on payment, a partner said he had forwarded the invoice to the property manager for payment.

We followed up with the property manager who said they never received the invoice, also, they aren't responsible for payment only for a $2,500 building allowance which the LLP would receive once they proved the contractor (us) had been paid.

Relayed that info to the partner, he said, it's supposed to be an allowance of $3,000 not $2,500.

The LLP is no longer returning emails or phone calls.


The bill is $4.500.00

 

[123generic]

We have emails to support the above post.


Slight derail, if I may.

When is the best time to post online reviews, file with credit agencies, BBB, DNB, etc.?

I'm thinking after the suit is complete.

My goal is to keep others from being burned, not so much to whine or bad mouth the firm.

In the end, this situation was inconvenient, not life threatening, sickness, or real tragedy, and isn't putting me in a bind.

 

[Zigner]

When is the best time to post online reviews, file with credit agencies, BBB, DNB, etc.?

I would say...never. Online reviews are childish, particularly since you are not a customer. Credit agencies will pick up the judgment without your input. The BBB doesn't apply. Not sure what you mean by DNB.

 

[123generic]

Dun & Bradstreet

 

[Zigner]

Dun & Bradstreet

That's what I thought you meant...they should also pick up the judgment without you having to report it.

 

[123generic]

Probably doesn't matter but we have an email from another company saying they aren't servicing the LLP as they (the LLP) aren't paying vendors.


Visions of Leona Helmsley pop into my head .

 

[adjusterjack]

In answer to your original question I don't see any reason to waste the court's resources on a jury trial.

 

[quincy]

... When is the best time to post online reviews, file with credit agencies, BBB, DNB, etc.?

I'm thinking after the suit is complete.

My goal is to keep others from being burned, not so much to whine or bad mouth the firm ...

Your experience appears unique to you and has nothing to do with the law firm's legal services. By writing a negative review, you risk tarnishing the law firm's professional reputation over a construction bill - and when you mess around with a professional reputation, you make yourself vulnerable to a defamation lawsuit.

I agree with Zigner that "never" is the best time to post an online review.

Here is a Pro Se Guide to Texas small claims actions: http://guides.sll.texas.gov/small-claims

There is no reason to have a jury trial over a $4500 bill dispute.

 

[123generic]

In answer to your original question I don't see any reason to waste the court's resources on a jury trial.

Couldn't agree more, my thoughts centered on "the better strategy".

It does bother me to waste people's resources as some jurors will miss a day's pay.

I do appreciate you guys taking time out to discuss this topic.



We've been in business for more than 20 years and this is the first suit.

Think we've been burned twice in all that time, $500 and $100.

 

[adjusterjack]

You don't need "strategy" if you have a contract, did the work, submitted the bill, and didn't get paid.

 

[quincy]

... We've been in business for more than 20 years and this is the first suit.

Think we've been burned twice in all that time, $500 and $100.

You are fortunate. Many businesses do not fare as well as you have over the course of 20 years. Good luck in court.