Legal Question in Business Law in Georgia
Protection of Proprietary
I have been given a letter of Protection of Proprietary to sign. I have few problems with it, except for the last line: ''The parties hereby knowingly, voluntarily, and intentionally waive any right to trial by jury in any dispute arising out of or related to this letter agreement.''
I know it is legal of them to put this in the letter, but is it enforceable if I sign it with this condition in the letter? In reality can this eliminate/remove my right to a trial by jury? No one I have talked to outside of the office has ever heard of this being a part of the agreement, nor can they believe it was added. Your opinion please before I decide to sign or not. I feel as if I have been violated.
2 Answers from Attorneys
Re: Protection of Proprietary
Such jury-waiving provisions are somewhat rare, but not unheard of. They are generally enforceable, but contract provisions are sometimes not upheld by courts in certain situations. However, I wouldn�t count on that and if you sing it, be prepared to have a bench trial instead of a jury trial.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Re: Protection of Proprietary
A pre-litigation contractual waiver of a jury trial is not enforceable in cases tried under the laws of Georgia. Bank South, N.A. v. Howard, 264 Ga. 339, 444 SE2d 799 (Ga. 1994). (I know; I argued the case before the Georgia Supreme Court.) The rest of the agreement, if otherwise enforceable, would still be enforceable.
This answer, though responsive to the question, is general in nature. It is not designed to be and should not be relied on as your sole source of information when analyzing and resolving a specific legal issue. Each fact situation is different; the laws are constantly changing. If you have specific questions regarding a particular fact situation, I urge you to consult with competent legal counsel.
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