The State, 
printed July 20, 1996

Jury Trial in Civil Cases is
Well-Established Right

By James W. Gilchrist, Jr.
 

The State’s editorial addressing automobile insurance in the July 7 edition is another example of lawyer-bashing that has become disturbingly familiar.

There is no jury-verdict crisis in our state. Occasionally, you hear about a huge verdict in a case involving a catastrophic injury, such as quadriplegia or death, but juries in South Carolina are very conservative.

The Seventh Amendment guarantees the right to trial by jury in civil cases. This right is the cornerstone of our democracy. It represents centuries of Anglo-American legal tradition. Our system may not be perfect, but if it was good enough for King John’s barons at Runnymede, England, in 1215 when the Magna Carta was signed, if it was good enough for Patrick Henry in 1789 when the Bill of Rights to the Constitution was being debated, then it ought to be good enough for The State.

The no-fault proposal that you advocate would place a chilling effect on this precious right, while allowing insurance companies to continue to report enormous profits. In states where the issue of no-fault has been put to a popular referendum, it has been soundly defeated.

Trial lawyers are not just another "special interest" group. We represent people from all walks of life, across the broad spectrum of society. Our work is consistent with the interests of consumers and the public at large. Most would agree that there are too many lawyers, until they need one.

James, W. Gilchrist, Jr.

Columbia, SC

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