Reptile trial strategy book

The reptile theory is the latest advocacy rage for the plaintiffs bar. Identifying jurors who are susceptible to the reptile strategy. The plaintiff attorney wants to use fear to threaten a jury. The genesis of the reptile theory dates back to 2009 in a book authored by don keenan and david ball on trial strategy for the plaintiffs bar entitled. Ball and keenans core concept is that the human brain is conditioned to favor safety and survival, and that a trial strategy built around the unsafe nature of defendants conduct will encourage the jury to. It is imperative that the defense bar in new york bring the reptile. Reptile theory is the most recent incarnation of a trial strategy that seeks to make use of the primal, inherent and often subconscious instincts andor fears of jurors. Utilizing the reptile trial strategy requires presenting each case in a way that shifts each jurors brain into survival mode and motivates each juror to decide a case in a way that will reduce or eliminate the danger, thereby protecting himself, his family, and the community. A discussion of the reptile trial strategy through the. In 2009, don keenan and david ball authored a book entitled reptile. The reptile strategy relies on the work of yale medical school and national institute of mental health physician and neuroscientist paul d. The science underlying the theory has been debunked many times. The reptile theory asserts that you can prevail at trial by speaking to.

In theater for trial, he, along with the brilliant joshua karton, takes on the other critical piece of winning a casehow to connect with a jury. This is not a book to read on the eve of trial looking for a magic bullet it is something to think about deeply when examining the basis of an entire case as it unfolds from the beginning. The 2009 manual of the plaintiffs revolution purportedly gives its adherents a significant edge over the defense in jury trials. The reptile has a stronger focus on liability in my opinion, either way, both are must reads. Back in 2009, a former theater director named david ball and a zealous plaintiff attorney named don keenan published a book called reptile, describing it as the 2009 manual of the plaintiffs revolution. The 2009 manual of the plaintiffs revolution, defense attorneys have been learning about the reptile strategy and devising. Several prominent lawyers on the plaintiffs side have cited this book. The 2009 manual of the plaintiffs revolution, authors don c. By presenting rebuttal evidence, you are not utilizing the same strategy as the reptile, but. In order to obtain the highest likelihood of success, your motions in limine should explain what the reptile is, state with specificity the questions or testimony that is. It is based on a plaintiffs attorney generalizing the defendants conduct so that the jury members feel personally. Combating plaintiff tactics commonly called reptilian.

Defeating reptile theory motions in limine verdict magazine. Nevertheless, if your shelf is missing this book, you are missing a major strategy in todays litigation philosophy. Limiting reptile arguments, by appeal and otherwise there is nothing new under the sun. It never occurred to me to try and use it to my advantage as a trial lawyer. Since 2009, however, some lawyers have sought to transform the courtroom into a reptilian battleground. Several prominent lawyers on the plaintiffs side have cited this book as the new bible of advocacy.

The fundamental concept is that the reptile brain is conditioned to favor safety and survival. It can also be helpful to cite prior deposition questions in your motion to establish the plaintiffs longstanding strategy and intent of evoking the reptile at trial. It turned out that we were, indeed, right so we went with that description. Another great read is david ball on damages, i think it is a better book than the reptile. Reptile theory is a deposition and trial tactic based upon david balls and don c. Home about results scholarships my account contact 0 reptile keenan ball books. If the book suggests lawyers do anything inappropriate, that, too, is irrelevant. 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. 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. 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. Great lawyers share secrets, strategies and skills. Plaintiffs bar embraces reptile strategy and defense bar responds. A central support for the reptile approach is the triune brain theory, as ball and keenan acknowledge in the foreword to their book. Analysis defending against reptile theory trial strategy in tort litigation gregg d.

The genesis of the reptile theory dates back to 2009 in a book authored by don keenan and david ball on trial strategy for the plaintiffs bar. Defeating reptile theory motions in limine kastorf law. The tactics described in the book have become widespread, and it is almost unavoidable in accidents that involve commercial motor vehicles. Challenging use of reptile theory tactics at trial. Now, david ball on damages 3 teaches you how to integrate the reptile and rules of the road methods, along with new voir dire techniques, into the classic damages method.

For many, the words lawyer and reptile are probably synonymous. For instance, under the reptile theory, the regulations of the federal motor carrier safety. Strategies for dismantling the plaintiffs revolution by thomas m. The 2009 manual of the plaintiffs revolution david ball, don keenan on. The reptile trial strategy is used by plaintiff attorneys to manipulate jurors by triggering jurors survival instincts by conveying the defendants actions present a clear and immediate danger to. The latest craze the reptile theory trial strategy. Accordingly, the reptile strategy is used to retake control of the reptile brain and use that control to manipulate jurors into returning large verdicts. In the decade since david ball and don keenan published their book reptile.

David ball on damages andwith reptile cofounder don keenanreptile. The reptile theory is a somewhat new strategy that plaintiff attorneys are using to obtain large jury verdicts at trial. Introduce reptile theory and book in motion in limine. For the reptile strategy to work, the jurors must be convinced that public safety, and their personal survival, will be negatively impacted absent a large verdict in favor of the plaintiff. Attorneys experienced in defending against highrisk personal injury claims are or should be wellversed in the trial tactic known as reptile theory.

Defending against the reptile transport united states. The 2009 manual of the plaintiffs revolution purportedly gives a significant edge over the defense in jury trials. It is called the reptile theory because reptiles go into attack mode when threatened or frightened i. Ball and keenans core concept is that the human brain is conditioned to favor safety and survival, and that a trial strategy built around the unsafe nature of defendants conduct will encourage the jury to instinctively choose to protect their families and. 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. Macclean theorized that the human brain consists of three separate, competing complexes, including. The gurus of reptilian trial strategy are david ball and don keenan, whose book, reptile. The reptile trial strategy is used by plaintiff attorneys to manipulate jurors by triggering jurors survival instincts by conveying the defendants actions present a clear and immediate. The reptile gimmick, i think is just a marketing ploy, but david ball does know what he is talking about when it comes to winning big on trials. Reptiles in the courtroom advocacy and evidence resources. Challenging use of reptile theory tactics at trial through motions in limine requires a casespecific approach. We certainly thought so, but to make sure we searched westlaw since 2009 when the first reptile theory book was published for a combination of reptile theory, reptile strategy, and reptile tactics. The reptile strategy purports to provide a blueprint to succeeding at trial by applying advanced neuroscientific techniques to pretrial discovery and trial.

By way of background, the reptile theory was popularized by a 2009 book created for the plaintiffs. The main purpose of the theory is to unlock the jury. Limiting reptile arguments, by appeal and otherwise. The norm is trial courts summarily denying the motion in limine and even some making fun of the ridiculousness of the motions.

David ball and don keenan popularized reptile strategies in their book, reptile. 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. 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 2009 manual of the plaintiffs revolution purportedly gives its adherents a significant edge. Additionally, the authors now offer more books and informative dvd sets explaining how to incorporate the reptile strategy into. The 2009 manual of the plaintiffs revolution purportedly gives its adherents a significant edge over. It is imperative that the defense bar in new york bring the reptile strategy to the courts. These two gentlemen coauthored a book titled, reptile. Dissecting the facts surrounding the reptile theory of trial strategy. The reptile theory gained popularity after david ball a jury consultant and former theatrical director and don keenan a plaintiff attorney published a book entitled, reptile. Of note there is one trial court who granted a mistrial when the defense lawyer improperly used the reptile.

David ball on damages 3 from trial guides on vimeo. 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. Defense uses reptile strategy against keenan grsmb. The 2009 manual of the plaintiffs revolution, the reptile strategy they proposed has become a staple of every. Ball wrote two of the bestselling trial strategy books ever published. And if ball and keenans devotees are to be believed, the theory is responsible for many large verdicts. The 2009 manual of the plaintiffs revolution is a highly influential text for the modern plaintiffs lawyer. With damages and reptile, ball revolutionized trial strategy in personal injury cases. The appellation stems from a book and related seminars by david ball a trial consultant and don keenan a plaintiffs lawyer entitled reptile. The best way to defeat the reptile at trial is not to. Louis, missouri submitted on behalf of the trials pac.

Why was the reptile trial advocacy book admitted into a. I never intended to use the reptile concepts in this case, he said, because the trial strategies outlined in the book didnt apply to the facts. Plaintiffs bar embraces reptile strategy and defense bar. The man killed in the parking lot was targeted by the gang, said keenan, while reptile is focused on suits for the victims of random accidents.

David ball on damages is americas bestselling text on proving damages. Just like any other strategy, it becomes less effective when it is known and named. Beck since 2009, when jury consultant don keenan and wellknown plaintiffs attorney david ball published their book reptile. Reptile theory is the most recent incarnation of a trial strategy that seeks to. While other seminars and authors suggested filing various pretrial motions to limit the impact of the reptile strategy at trial, the unfortunate reality was that most of these motions were met with failure. Defending against reptile theory trial strategy in tort. Wojcicki as youve surely heard by now, the plaintiffs bar has come up with a cantmisssciencebased trial strategy. The reptiles in our midst defending against the triune brain trial strategy may 4, 2015 by paul e. The 2009 manual of the plaintiffs revolution ebook.