The reptile book lawyer

The 2009 manual of the plaintiffs revolution, said a shift in the way lawyers try cases has led to larger verdicts and what justice in this. 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. Mar 03, 2010 reptile has nothing to do with those facts. The authors posit that the forces behind tort deform hijacked the reptile by fraudulently portraying plaintiffs lawyers as a menace to society. The book does a good job of developing it all the way through litigation. Since its original release in 2006, it has helped lawyers throughout the country win six, seven, and eightfigure verdicts in cases with difficult liability.

Limiting reptile arguments, by appeal and otherwise there is nothing new under the sun. Reptile motion in limine opposition maryland personal. I do wish a little more time had been spent on how to develop the theory in discovery and depositions since trials are really been hearing this book was a mustread for years at every plaintiffs bar conference around. But in a dekalb county wrongful death trial last month, plaintiffs lawyer don keenan found that defense lawyers will also buy the book, reptile. The 2009 manual of the plaintiffs revolution by david ball and don keenan. These two gentlemen coauthored a book titled, reptile.

The 2009 manual of the plantiffs revolution by david a. What adjusters and carrier counsel need to know about reptile. Its authors make no secret of the fact that the publication is for plaintiff attorneys, its full title being reptile. Plaintiff lawyers reptile book bites back at wrongful. The science underlying the theory has been debunked many times. If the book suggests lawyers do anything inappropriate, that, too, is irrelevant. The reptile theory is the latest advocacy rage for the plaintiffs bar. Oct 04, 20 similarly, kathy cochran, a defense lawyer with wilson smith cochran dickerson in seattle, wa, cautioned in the dri today blog in 2010, as defense lawyers, we need to recognize this reptile. Chapter one the stretch of road that leads out of the city, past hazy harbor and into the town of tedia, is perhaps the most.

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. Too much of the best practical advice in print for me to sleep until id digested it. 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. Beyond the reptilian brain jury consultants including david ball have advocated appealing to the reptilian brain when presenting a case to the jury. The 2009 manual of the plaintiffs revolution, ball and keenan propose lines of questions in depositions that will equate a legal duty to a safety standard.

The solicitor generals brief in fosamax an end to levine. The 2009 manual of the plaintiffs revolution reptile. The tactics described in the book have become widespread, and it is almost unavoidable in accidents that involve commercial motor vehicles. To discourage normal people from reading it and learning about the snakes who dress up as plaintiff lawyers. Defense lawyers are welladvised to educate themselves, their clients and the judge prior to squaring off against a reptile lawyer. Only a few books are essential rereads with each new case. Keenan law firm keenans kids foundation reptile keenan ball. David ball and don keenan, two members of the research group are the authors of this book. For instance, under the reptile theory, the regulations of the federal motor carrier safety. While the strategy manifests itself in many ways, the idea behind it is simple. Thus, so the reptile theory goes, the jurors will feel and it is a feeling, not a thought that a verdict. It is important to consider the source of the reptilian brain, and tailor reptilian theories accordingly.

Background the alleged foundation of the reptile strategy is the triune brain. Defense bar decries reptile approach by plaintiffs lawyers. The 2009 manual of the plaintiffs revolution ebook. 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. Reptile quotes 9 quotes meet your next favorite book. For many, the words lawyer and reptile are probably synonymous. Ball wrote two of the bestselling trial strategy books ever published. Defense lawyers in tort cases are looking for ways to counter what they describe as an increasingly popular reptile approach by opposing counsel.

A defense lawyer once waved the reptile book in front of a jury during closing argument which resulted in a defense verdict. Calvin sharpe is a trial lawyer at phillips murrah law firm. Reptile in the mist and beyond reptile keenan ball. This was the first jury trial in which our firm has directly confronted the socalled reptile theory as part of opposing counsels litigation and trial strategy. 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.

David ball, the trial method was created in response to tort reform. Reptile is a trial advocacy book written by trial lawyer don keenan and jury consultant david ball. This matter having come before the court on defendant ruta obergfell, m. David ball ball, and a plaintiff attorney, don keenan keenan. By way of background, the reptile theory was popularized by a 2009 book created for the plaintiffs. The reptile theory is arguably the most gamechanging trend in litigation in recent history. The plaintiff lawyer reptile strategy is to make jurors worry about how the defendants conduct did not merely harm the plaintiff in the case, but posed a threat to the community more pointedly, to the jurors and their loved ones. David and don synthesized the information delivered by skilled reptile attorneys to create this guide that goes beyond the mist cases and applies to every case size. When the reptile sees a survival danger, she protects her genes by impelling the juror to protect himself and the community, write coauthors don c.

Abstract this article brings together neuroscience, cultural symbolism, and the strategies of practicing lawyers to critique the reptile strategy, now popular among trial lawyers. In their books, videos, and seminars, keenan and ball advise plaintiff. There are a ton of books based on the humor and the fiction. The theory, rather than focusing on creating sympathy for the plaintiff, emphasizes alleged failures of the defendant to keep the plaintiff and the community, including the jurors, safe. Keenan and david ball advocate persuading jurors by. The reptilian brain, or rcomplex, is that part of everyones threepart, or triune brain that unconsciously drives most of what we do. I believe all serious trial lawyers read ball and learn from him. Most of the quotes and jokes were familiar to me i was a habitual teller of lawyer jokes before i became a lawyer and i have heard a lot of them since. And if ball and keenans devotees are to be believed, the theory is responsible for many large verdicts.

With this book, sari joins the ranks of david ball, josh karton, and other great nonlawyers who understand our jobs well enough to actually make a contribution to our cases and. Why was the reptile trial advocacy book admitted into a. Similarly, kathy cochran, a defense lawyer with wilson smith cochran dickerson in seattle, wa, cautioned in the dri today blog in 2010, as defense lawyers, we need to recognize this reptile. 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. In their books, videos, and seminars, keenan and ball advise plaintiff attorneys to demonstrate to jurors the immediate danger posed by the. Rules of the road is americas bestselling text on proving liability. Plaintiffs bar embraces reptile strategy and defense bar. May 24, 2018 a prominent philadelphia trial lawyer whos been involved in a number of highprofile defamation cases 5 stars bill, max kennerly was brilliant in preparing us for the trial making sure we were armed with loads of evidence supporting the facts in the case and was incredible during the trial. 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. The reptile theory is a somewhat new strategy that plaintiff attorneys are using to obtain large jury verdicts at trial. A central support for the reptile approach is the triune brain theory, as ball and keenan acknowledge in the foreword to their book. Dec 16, 2019 if you expect reptile tactics from a particular lawyer, obtaining transcripts of that lawyers prior opening and closing arguments is a good way to craft winnable motions in limine with a laser focus on the specific reptilian techniques you are most likely actually to encounter. May 22, 20 preparing your witness for a reptile deposition by alex craigie 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.

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. In 2009, david ball and don keenan published a book called reptile. It is called the reptile theory because reptiles go into attack mode when threatened or frightened i. No attorneys can register for those programs until they are verified as a plaintiffs lawyer or as a member of a plaintiffs firm. Myth use of the reptile resulted in a motion for new trial in the walstrom v. A friend of mine gave me this book and i read it for fun and giggles as a way to recover from a rough school semester. The 2009 manual of the plaintiffs revolution is a highly influential text for the modern plaintiffs lawyer. The 2009 manual of the plaintiffs revolution, authors don c. About the author trial lawyer don keenan is the founder of the reptile who, with david ball, cocreated and coauthored the reptile book. Beyond the reptilian brain zen lawyer patrick trudell.

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. Download the reptile room pdf ebook free your pdfs. Derr is a civil litigator, whose national practice focuses on business litigation, personal injury defense, employment defense, and construction defects. Limiting reptile arguments, by appeal and otherwise. This book is a wide window into how and why the rowleys are at the top of the profession. But if we talk about the books having the very good name among all the books then we can say that this book is one of them.

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. There is no question it is a great book that many plaintiffs lawyers have read. The 2009 manual of the plaintiffs revolution by david ball and don keenan reptile refers to the reptilian part of the brain that contains our survival mechanism. A witty collection of quips, quotations, and curses take. The book claims to be aimed at combatting the effects of the tort reform movement. Students of the nazi era, propaganda, totalitarianism, and polish history will find reptile. The strategy is designed to appeal to jurors fears and prejudices.

This book isnt about facts or fairness or reasonable compensation for damages. During his 40 years of practice, don has secured over 302. This research wrote the book for the modern approach to jury. 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. A oneofakind work which stands out as a fitting memorial to the authors thorough scholarship. The appellation stems from a book and related seminars by david ball a trial consultant and don keenan a plaintiffs lawyer entitled reptile.

The 2009 manual of the plaintiffs revolution, also proved helpful to the defense in a recent dekalb county, ga. The theory gained prominence when trial consultant david ball and trial attorney don keenan published their book, reptile. Ball have continued to promote the use of the reptile. That year, attorney don keenan and jury consultant david ball published a book on trial strategy called reptile. By framing arguments in terms of our most biologically basic. The plaintiff attorney wants to use fear to threaten a jury. Reptiles in the courtroom advocacy and evidence resources. Trial guides is a legal publishing company that helps trial lawyers win cases by providing cutting edge strategies from the nations leading trial lawyers. Free consultation call 240 4675741 the stravitz law firm helps victims and their families receive compensation for their injuries in injury and accident cases. Reptile motion in limine opposition over ten years ago, a very successful plaintiffs lawyer wrote a book called reptile on how to persuade jurors using science and psychology. Reptile in the mist and beyond captures the great advice and strategy on winning small cases presented during the seminar and takes it further.

Preparing your witness for a reptile deposition by alex craigie 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. Preparing your witness for a reptile deposition at. Since 2009, however, some lawyers have sought to transform the courtroom into a reptilian battleground. When the reptile sees a survival danger, she protects her genes by impelling the juror to protect. Stetson university college of law floridas first law school.

The book specifically instructs the reader how to get the reptile, in the era of tort reform, to work to the plaintiffs advantage. In their books, videos, and seminars, keenan and ball advise plaintiff attorneys to demonstrate to jurors the immediate danger posed by the actions of defendants because, as they put it, when the reptile sees a. 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. Reptile is a trial advocacy book written by trial lawyer don keenan. Jul 29, 2014 the reptile theory is arguably the most gamechanging trend in litigation in recent history. Karen sloan the national conference of bar examiners has warned that allowing law graduates to skip the test because of the.

Ditching the bar exam puts public at risk, says test maker. Home about results scholarships my account contact 0 reptile keenan ball books. To be sure, the reptile model is a skilled marketing tool of plaintiffs counsel, don keenan, and jury consultant, david ball, to sell books, seminars and the like. The 2009 manual of the plaintiffs revolution and use it against him. The reptile theory is attributed to a former professional theatrical director, david ball ball, and a plaintiff attorney, don keenan keenan. Undoubtedly, some of you are thinking back to your law school days and shouting, but wait. Dobroszyckis meticulous scholarship is evident throughout reptile journalism, a book which is destined to become significant because so little has been written on the subject in english. The reptile theory has been advanced, in particular, by a north carolinabased jury consultant, david ball, and a georgiabased trial lawyer who have created a cottage industry around the theory, selling books, videos, tutorials and seminars devoted to teaching the trial strategy. May 20, 20 for many, the words lawyer and reptile are probably synonymous. The strategy was designed specifically to achieve plaintiff verdicts and high damages, even in jurisdictions where damage caps exist.