David ball finding the alignment understanding what. Why was the reptile trial advocacy book admitted into a. In contrast, the instant motion in limine seeks to exclude an entire trial strategy going so far as to exclude questions asked of witnesses where such strategy or questions might be in any way deemed regarding or consistent with a trial strategy from a seven year old publication entitled reptile. David is a trial consultant, speaker, and one of the fathers of the book the reptile in the mist. Trial advocacy is taught in primary, secondary, and undergraduate schools usually associated with a mock trial elective. He is the nations most influential jury consultant, communications expert, and advocacy teacher.
Since 2009, however, some lawyers have sought to transform the courtroom into a reptilian battleground. He also teaches trial advocacy skills to attorneys across the country for nita, atla and other. That year, attorney don keenan and jury consultant david ball published a book on trial strategy called reptile. The 2009 manual of the plaintiffs revolution purportedly gives its adherents a significant edge. The book suggests that, in order to prevail at trial, plaintiffs attorneys craft their. 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.
Reptilian advocacy is a trial tactic taught in plaintiffs trial advocacy courses across the country based on the book, reptile. Limiting reptile arguments, by appeal and otherwise. Inspire a love of reading with prime book box for kids. Books every trial advocate should read before going into. Second edition a plaintiff lawyers guide to proving liability illustrates how to theme your case by basing on fundamental norms of society. Books every trial advocate should read before going into the. Limiting reptile arguments, by appeal and otherwise there is nothing new under the sun. The reptile examines this shift and concludes that a better approach with todays modern juror is to focus individuals on societal norms.
Mar 03, 2016 what is the reptile brain trial strategy. Now, david ball on damages 3 teaches you how to integrate the reptile and rules of the road methods. Theater for trial is a unique book from a dream team of courtroom experts, david ball and joshua karton. He received his undergraduate degree from the pennsylvania state university and his law degree, with honors, from stetson university college of law with a concentration in trial advocacy. The perspective, articulated by david ball and don keenan in several books and in seminars around the country, focuses on the advice to your case around the primitive aka reptilian need for security. This book is beautifully designed and written, and teeming with essential guidance. What adjusters and carrier counsel need to know about reptile. For many, the words lawyer and reptile are probably synonymous. 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. Reptile motion in limine opposition maryland personal. Persuasive skills for lawyers in trials, appeals, arbitrations, and. It is a trial book, designed to ease the task of dealing with evidence issues under the fierce time constraints and pressures that trials, especially jury trials, place on all participants. Derr is a civil litigator, whose national practice focuses on business litigation, personal injury defense, employment defense, and construction defects.
The 2009 manual of the plaintiffs revolution purportedly gives its adherents a significant edge over. Sari is a gifted teacher, and there is practical, trialready advice on nearly every page. The gurus of reptilian trial strategy are david ball and don keenan, whose book, reptile. Oct 04, 20 the gurus of reptilian trial strategy are david ball and don keenan, whose book, reptile. Morgan cloud, professor of law, emory university school of law when i throw the book at a criminal, this is the book i throw. Inappropriate the list including its title or description facilitates illegal activity, or contains hate speech or ad hominem attacks on a fellow goodreads member or author. University college of law with a concentration in trial advocacy. David ball, author of reptile and david ball on damages 3 if lawyers employ the sophisticated visual strategies presented in this book, they will have a distinct advantage over those who do not. 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. Quite simply, its the best book on trial advocacy ever written. The 2009 manual of the plantiffs revolution by david a.
In this episode of trial lawyer nation, michael cowen sits down with a special guest, dr. May 20, 20 for many, the words lawyer and reptile are probably synonymous. Reptile theory originated in 2009 and continues to gain momentum. Judge fine has taught trial advocacy, evidence, and appellate advocacy at over 150 continuing legal education programs around the country, at inhouse trial advocacy programs to lawfirm litigation departments, and as professorial lecturer in law at the george washington university national law center in washington, d. Again, the goal with this technique is to invoke the reptilian brain of jurors, which thrives on evolution, and therefore maximizes survival advantages and. In the sixth edition of his highly acclaimed howtowin trial manual shows why the traditional ways to try a case in court are suicidal, and gives extensive examples of such suicidal advocacy by famous, highprofile, wellpaid trial lawyers. These 1day mock trials reveal juror responses to reptile and rules of the road methods. If the book suggests lawyers do anything inappropriate, that, too, is irrelevant. Several prominent lawyers on the plaintiffs side have cited this book as the new bible of. Johnson to confront the reptile theory headon, you need your witness to do three things. Ball wrote two of the bestselling trial strategy books ever published. The 2009 manual of the plaintiffs revolution by david ball and don keenan.
Mar 03, 2010 reptile has nothing to do with those facts. The strategy is based on a book by david bell and don keenan entitled reptile. Defendants reference the reptile theory, which appears to be in use by the plaintiffs bar in some states as a way of showing the jury that the defendants conduct represents a danger to the survival of the jurors and their families. What adjusters and carrier counsel need to know about. The book claims to be aimed at combatting the effects of the tort reform movement. The reptile theory is the latest advocacy rage for the plaintiffs bar. Reptile theory arguments discouraged by north carolina. David almost single handedly led trial advocacy out of its dark ages and into a new world of advocacy that. Another great read is david ball on damages, i think it is a better book than the reptile. Undoubtedly, some of you are thinking back to your law school days and shouting, but wait. The reptile theory encourages plaintiffs to appeal to the passion, prejudice, and sentiment of the jury. Over the course of his practice, he has generally focused on. These two gentlemen coauthored a book titled, reptile.
Been hearing this book was a mustread for years at every plaintiffs bar conference around. In each of his examples, ralph adam fine shows how the. Preparing your witness for a reptile deposition at. Temple university beasley school of laws advocacy program is soliciting articles for the edward d. The thesis of the reptile is that jurors, like all humankind, have brains consisting of. Plaintiffs bar embraces reptile strategy and defense bar. This resource is specially intended for trial lawyers and federal district and magistrate judges who try cases in federal court. 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 only fear in reptilian advocacy resides within the defense. Reptile advocacy and its complementary methods give to individuals hurt by negligence and to jurors a voice with which they are now, finally, consistently able to speak truth to power. In their books, videos, and seminars, keenan and ball advise plaintiff.
I have had a longterm interest in the reptile approach to plaintiffs trial persuasion. Free consultation call 240 4675741 the stravitz law firm helps victims and their families receive compensation for their injuries in injury and accident cases. The 2009 manual of the plaintiffs revolution purportedly gives its adherents a significant edge over the defense in jury trials. This guide lists selected sources that students of trial advocacy and trial lawyers may use to develop their skills, pick up tips, learn about scholarship and research in the area, and stay current with new developments. Books every trial advocate should read before going into the courtroom a list of books from different disciplines that may come in handy when standing in front of a judge and jury. The 2009 manual of the plaintiffs revolution, taught in plaintiffs trial advocacy courses throughout the country. This trial tactic is being taught in plaintiffs trial advocacy courses throughout the country. Although dri and other defense groups have promulgated, trained and implemented trial advocacy templates throughout the years the plaintiffs bar has never attacked their advocacy template. Discover delightful childrens books with prime book box, a subscription that delivers new books every 1, 2, or 3 months new customers receive 15% off your first box. The 2009 manual of the plaintiffs revolution david ball, don keenan on. It is a trial book, designed to ease the task of dealing with evidence issues under the fierce time constraints and pressures that trials, especially jury trials, place on. Ball and keenans book, the focus in using the reptile effectively is spotlighting safety and security issues, as compared to more.
This book, when read with the authors earlier work rules of the road. David ball on damages andwith reptile cofounder don keenanreptile. He is the head partner in the keenan law firm, which specializes in cases involving children, including injury, medical malpractice, and wrongful death he is most noted for his lawsuits regarding the conditions of foster care in the state of georgia, which have led to changes in state law. His name and his books have been mentioned on numerous episodes not only michael cowen, but many of our trial lawyer nation guests. If you had a litigated file tank on you recently, it just might be the result of reptile advocacy. Modern trial advocacy is not just a cookbook of legal skillsit gives examples of why a lawyer should do something versus mimicking a formula to copy. Every page is a useful collection of the wisdom they acquired from decades as toprated theater and screen experts, combined with decades in the trenches of trial advocacy. The tactic is based on a book by david bell and don keenan, reptile.
Don keenan is nationally acclaimed trial lawyer and a remarkable advocate for. I have had a longrunning interest in don keenan and david balls perspective on plaintiffs trial and discovery advocacy called the reptile, the notion that one can motivate jurors to side with a plaintiff by tapping into the tendency of the primordial reptile brain to flee from threats and gravitate toward safety. Jun 23, 2011 david ball sings invitation to the blues on countrys family reunion salute to ray price duration. Trial advocacy is the branch of knowledge concerned with making attorneys and other advocates more effective in trial proceedings. The reptile has a stronger focus on liability in my opinion, either way, both are must reads. 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 performance. David ball sings invitation to the blues on countrys family reunion salute to ray price duration. The basic idea is that a plaintiffs attorney must show, the immediate danger of the kind of thing the defendant did, and how fair compensation. The passage of the code was the result of more than. Outstanding book by national organization exceptional parent. In the best tradition of trial guides, it is a crucial read. It never occurred to me to try and use it to my advantage as a trial lawyer.
Not only do i require this book in every trial practice class i teach, but i also recommend it. 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. Instead the defense and insurance companies have promoted lies, halftruths and distortions of what the reptile trial advocacy template really is. But in a dekalb county wrongful death trial last month, plaintiffs lawyer don keenan found that defense lawyers will also buy the book, reptile. Visit for free streaming cle webcasts, trial advocacy news and train to win workshop updates.
Increase your presentation and case structuring skills. Keenan born 1951 is an atlanta, georgiabased trial lawyer and author. 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. Ball is an awardwinning teacher for the north carolina advocates for justice.
My interest isnt so much based on a belief that every foundation. The movement has been described both as the greatest development in. Sari is a gifted teacher, and there is practical, trial ready advice on nearly every page. Incorrect book the list contains an incorrect book please specify the title of the book. The appellation stems from a book and related seminars by david ball a trial consultant and don keenan a plaintiffs lawyer entitled reptile. While not a new theory, the practice has taken the plaintiffs bar by storm in recent years.
Few advocacy books are this good, except davids others. Home about results scholarships my account contact 0 reptile keenan ball books. Rules and reptile approaches activate cognitive appraisals for anger the rules of the road and reptile are two, wellknown, effective trial advocacy approaches that activate cognitive appraisals for anger. Reptile is a trial advocacy book written by trial lawyer. Knight is board certified as a trial lawyer by both the florida bar and the national board of trial advocacy. It is taught as an essential trade skill for litigators in law schools and in continuing legal education programs. Reptile is a trial advocacy book written by trial lawyer don keenan and jury consultant david ball. Reptile is a trial advocacy book written by trial lawyer don keenan. This matter having come before the court on defendant ruta obergfell, m. As such the opposition have done everything they can to discredit it and eliminate its use.
Trial advocacy under the new code of criminal procedure by giorgi chkheidze introduction in october 2009, the georgian parliament adopted a new criminal procedural code cpc. The 2009 manual of the plaintiffs revolution, 2009, balloon press. Tammy is also the advertising editor for the jury expert. Defendants argument in support of her motion is based upon a mischaracterization of the reptile book and various misstatements of nevada law. Spam or selfpromotional the list is spam or selfpromotional.
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