Dearth of Jury Trials Puts Courtroom Skills at a Premium

By Clayton Bailey and Alexander Brauer Partners at Bailey Brauer Over the last 15 years, the number of jury trials in Texas has declined significantly. As has been reported by this publication, jurors in state and federal civil courts heard only about a third as many cases in 2012 as they did in 1997. There are many reasons behind this trend, including the effects of tort reform, the rising cost of litigation, and the increased use of alternative dispute resolution methods, among others. But one undeniable effect is that, while there are countless litigators in Texas, there are very few attorneys with demonstrated experience taking cases to trial, and even fewer with significant appellate experience. The attorneys at Bailey Brauer, however, have an extensive track record of trial victories in state and federal courts, including client wins in some of the nation’s most challenging jurisdictions. Our complex commercial litigation victories include many dismissals, summary judgments and directed verdicts, but we have also handled more than our fair share of successful jury trials. In fact, we have been called in to take on cases shortly before the eve of trial, after the client has become unsure of the previous counsel’s courtroom abilities. Even more unusual than a wealth of courtroom experience, however, are demonstrated appellate skills. And our attorneys have had more successful appellate rulings than firms many times our size. We have argued — and won — cases before the 5th U.S. Circuit Court of Appeals, Louisiana Supreme Court, Mississippi Supreme Court, 2nd Court of Appeals in Fort Worth and other state and federal appellate courts. Not only have we won reversals and remands and preserved favorable judgments, but we also have obtained an en banc rehearing