The 2009 manual of the plaintiffs revolution, to educate lawyers on how to apply the theory at trial. Reptile coauthor don keenan says big verdicts reflect justice. She hadnt yet heard about the popular book by david ball and don keenan, so i explained, its a theory for trying plaintiffs cases by portraying the defendants conduct as a threat to jurors own safety and the safety of others. It teaches a scurrilous method of distracting jurors with tricks that get their reptile brains fired up to overcome their sense of logic and fairness, inciting them to higher plaintiff awards and bigger lawyer payoffs.
Rules of the road does not simply cover motor vehicle cases as the name may suggest. I read david balls books and consider him to be a high level jury consultant dedicated to advancing trial advocacy. Its authors make no secret of the fact that the publication is for plaintiff attorneys, its full title being reptile. Reptiles in the courtroom advocacy and evidence resources. It is important to consider the source of the reptilian brain, and tailor reptilian theories accordingly. The reptile strategy was devised by david ball, a trial consultant who. The science underlying the theory has been debunked many times. Sustainable energy access in eastern indonesia power. I do wish a little more time had been spent on how to develop the theory in discovery and depositions since trials are really prett been hearing this book was a mustread for years at every plaintiffs bar conference around. The gurus of reptilian trial strategy are david ball and don keenan, whose book, reptile. The program is designed to address the specific needs of the affected persons based. Are defendants tipping the scales on reptile theory. What adjusters and carrier counsel need to know about.
The 2009 manual of the plantiffs revolution by david a. Nov 18, 2019 attorneys experienced in defending against highrisk personal injury claims are or should be wellversed in the trial tactic known as reptile theory. Books audio books ebooks dvds online seminars home about results scholarships my account contact. May 20, 20 for many, the words lawyer and reptile are probably synonymous. So, should plaintffs attorneys be able to use reptile theory at trial. Defense lawyers not only read the book but quoted from it during the trial, contending that keenan was using the reptile strategy in seeking to scare the jury into awarding higher damages.
This book isnt about facts or fairness or reasonable compensation for damages. Jan 19, 2021 in trucking accident lawsuits, the reptile theory is a method plaintiff lawyers have deployed in pursuit of socalled nuclear jury verdicts. The seattle zen legal blog authored by plaintiff lawyer pat trudell extols the theory in an article titled beyond the reptilian brain and recites the mantra of the true believers, the reptile always wins. Keenan and ball advocate that the plaintiffs lawyer should likewise try to. Since 2009, however, some lawyers have sought to transform the courtroom into a reptilian battleground. The 2009 manual of the plaintiffs revolution ebook 3 price. Filled with quips, quotations, and curses by such notables as groucho marx, roy blount, jr. What adjusters and carrier counsel need to know about reptile. Reptile motion in limine opposition maryland personal. Reptile is a trial advocacy book written by trial lawyer.
As defense counsel informed me in a pretrial bench memorandum, plaintiffs counsel, mr. Reptile attorneys, in addition to gathering evidence centered on the themes of safety and danger policies, signage, handbooks, training materials, etc. A witty collection of quips, quotations, and curses takes aim at the legal profession, ranging in hostility from gentle teasing to fiere loathing. Oct 04, 20 the gurus of reptilian trial strategy are david ball and don keenan, whose book, reptile. Nov 20, 2019 thus, so the reptile theory goes, the jurors will feel and it is a feeling, not a thought that a verdict for the plaintiff, with punitive damages, is necessary for selfpreservation. Reptileis a trial advocacy book written by trial lawyer don keenan and jury consultant david ball. This is a program designed with various activities that aim to support affected persons to recover their income livelihood to presubproject levels. In 2009, trial consultant david ball and attorney don keenan teamed up to author a trial advocacy book entitled.
And whether they deserve it or not, lawyers bear the brunt of the most joyfully contemptuous comments ever uttered about the members of a single profession. The 2009 manual of the plaintiffs revolution, authors don c. Trying any type of personal injury case without reading this book. Several prominent lawyers on the plaintiffs side have cited this book as. The 2009 manual of the plaintiffs revolution by david ball and don keenan. It comprises the western portion of the lesser sunda islands, with the exception of bali which is its own province. Again, the goal with this technique is to invoke the reptilian brain of jurors, which thrives on evolution, and therefore maximizes. The 2009 manual of the plaintiffs revolution and use it against him. Preparing your witness for a reptile deposition at. An overview of reptile theory in medical malpractice. And if ball and keenans devotees are to be believed, the theory is responsible for many large verdicts.
There is no question it is a great book that many plaintiffs lawyers have read. Trial lawyer don keenan is the founder of the reptile who, with david ball, cocreated and co authored the reptile book. Beyond the reptilian brain zen lawyer patrick trudell. Reptile in criminal defense online seminar 4 price. Reptile is a trial advocacy book written by trial lawyer don keenan. Nusa tenggara barat ntb is a province of indonesia. Reptile is essential reading for a lawyer who represents plaintiffs in personal injury cases. Why was the reptile trial advocacy book admitted into a.
The appropriate standard of care in any professional liability case is reasonableness. The 3rd white edition, contains substantially more information than the prior red edition, and is the only place where the concepts of the rules of the road method are integrated with the reptile method of trying cases. The 2009 manual of the plaintiffs revolution purportedly gives its adherents a significant edge over the defense in jury trials. Mataram, on lombok, is the capital and largest city of the province. The notion is based on the work of neuroscientist paul maclean, who theorized in the 1960s that there are three discrete parts to the brain reflecting the stages of evolution.
I intend to reread portions of it intermittently and to incorporate its. Lawyers and other reptiles pdf download full pdf read. May 01, 2012 the reptile is roused when there is a menace to its own genetic prospects, and such a menace can be discerned in many different kinds of cases. It teaches a scurrilous method of distracting jurors with tricks that get their reptile. Handling minor impact motor vehicle cases trial guides.
Defense bar decries reptile approach by plaintiffs lawyers. I think it is a really creative way for the kids to learn about reptiles, and nature. The book claims to be aimed at combatting the effects of the tort reform movement. This research wrote the book for the modern approach to jury.
Mark twain, richard pryor, dan quayle, and many others, this book is sure to bring a smile to any lawyer s client. The 2009 manual of the plaintiffs revolution is a highly influential text for the modern plaintiffs lawyer. I will have to ask my sister in law if she has heard of any of these. To hear ball tell it, all defendants that can be seen to threaten the wellbeing of the community are looking more and more, in recent years, like food for the reptile. David ball and don keenan, two members of the research group are the authors of this book. During depositions of employees or corporate representatives, attorneys employing reptile tactics ask hypothetical questions that establish a rule. Ball has taught law students at north carolina, wake forest, pittsburgh, minnesota, roger.
Don keenan, a trial lawyer, and david ball, a jury consultant with a theatre background, articulated their version of the theory for the plaintiffs bar in their book reptile. Reptile is a trial advocacy book written by trial lawyer don keenan and jury consultant david ball. Nov 05, 20 a central support for the reptile approach is the triune brain theory, as ball and keenan acknowledge in the foreword to their book. Oct 04, 20 several prominent lawyers on the plaintiffs side have cited this book as the new bible of advocacy. Plaintiff lawyers reptile book bites back at wrongful.
The book does a good job of developing it all the way through litigation. In it, he outlines a method of persuading jurors by appealing to the most basic instincts of their reptile brains. Challenging use of reptile theory tactics at trial. Don keenan, a trial lawyer, and david ball, a jury consultant with a theatre background, articulated their version of the theory for the plaintiffs bar in their book.
New books network david ball and don keenan, reptile. It is considered a mustread book for every plaintiffs lawyer, and is heavily referenced by other leading advocacy texts including david ball on damages 3, and reptile by david ball and don keenan. Trying any type of personal injury case without reading this book first is probably malpractice. Keenan and david ball advocate persuading jurors by appealing to their reptile brains, the oldest part of the brain and the part responsible for primitive survival instincts. Written by david ball, a north carolina jury consultant, and don keenan, an atlanta plaintiffs lawyer, it describes a litigation strategy for plaintiffs that has come to be known as the reptile theory or reptile tactics. I intend to reread portions of it intermittently and to incorporate its teachings into my next jury trial. Keenan, travels the country teaching seminars to plaintiffs personal injury lawyers based on his book reptile. Nov 06, 2019 defendants are increasingly filing motions to bar plaintiffs attorneys from using the theory, which appeals to jurors reptilian brains to obtain larger, and often unexpected, jury awards. No attorneys can register for those programs until they are verified as a plaintiffs lawyer or as a member of a plaintiffs firm. Several prominent lawyers on the plaintiffs side have cited this book as the new bible of advocacy. I believe all serious trial lawyers read ball and learn from him. This matter having come before the court on defendant ruta obergfell, m.
Challenging use of reptile theory tactics at trial through. Reptile theory is a neuropsychological strategy used by plaintiff attorneys to successfully win huge settlements and jury awards for their clients, even when the facts of the case dont merit large damages. Plaintiffs bar embraces reptile strategy and defense bar. Christina marinakis, a jury researcher with litigation insights, says lawyers using the approach. Stetson university college of law floridas first law school. The 2010 census recorded the population at 4,500,212. The reptilian brain, or rcomplex, is that part of everyones threepart, or triune brain that unconsciously drives most of what we do. Its written in easy to understand prose exactly the type that the authors would have you use when communicating with a jury. Don keenan and david ball wrote a book entitled, reptile. Over ten years ago, a very successful plaintiffs lawyer wrote a book called reptile on how to persuade jurors using science and psychology. May 22, 20 in my last post, i attempted to describe what has come to be known as the reptile technique of discovery and trial presentation, as advocated in the book, reptile. The book specifically instructs the reader how to get the reptile, in the era of tort reform, to work to the plaintiffs advantage.
Oct 24, 2019 the approach was described in the 2009 book reptile. Plaintiffs these days just love to use what is called the reptile approach, by which they appeal to the more primitive, survivaloriented parts of jurors. Defense uses reptile strategy against keenan grsmb atlanta. But in a dekalb county wrongful death trial last month, plaintiffs lawyer don keenan found that defense lawyers will also buy the book, reptile. By framing arguments in terms of our most biologically basic. The tactics described in the book have become widespread, and it is almost unavoidable in accidents that involve commercial motor vehicles. I think her classes would love some of these books. The 2009 manual of the plaintiffs revolution said a shift in the way lawyers try cases has led to. A decision was made to share the research with other plaintiff lawyers and this led to the publication of the book, reptile the 2009 manual of the plaintiffs revolution. It is remarkable, as one reads cases, to find a series of published orders in which judges tell lawyers to keep the reptile theory out of the courtroom. The reptile theory gained popularity after david ball a jury consultant and former theatrical director and don keenan a plaintiff attorney. In the united states books have been published with titles like dead lawyers and other pleasant thoughts, lawyers and other reptiles, more lawyers and other reptiles, and truly tasteless lawyers jokes. The 2009 manual of the plaintiffs revolution purportedly gives its adherents a significant edge over.
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