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. Avoiding the pitfalls of the reptile april 20, 2018 uno thompson center omaha, ne. The main purpose of the theory is to unlock the jury. The strategy was designed specifically to achieve plaintiff verdicts and high damages, even in jurisdictions where damage caps exist. Preparing your witness for a reptile deposition alex. The reptile has a stronger focus on liability in my opinion. The movement has been described both as the greatest development in. Challenging use of reptile theory tactics at trial through. The 2009 manual of the plaintiffs revolution is a highly influential text for the modern plaintiffs lawyer.
Challenging use of reptile theory tactics at trial. Everything you needed to know about reptile at trial. Another great read is david ball on damages, i think it is a better book than the reptile. For many, the words lawyer and reptile are probably synonymous. The 2009 manual of the plaintiffs revolution, which arguably glamorized jury nullification and created a new trial strategy for plaintiffs lawyers across the country known as the reptile theory. First, the reptile is about community and thus her own safety which, in trial, is our exclusive domain. The best way to defeat the reptile at trial is not to counteract. It is called the reptile theory because reptiles go into attack mode when threatened or frightened i. Reptile is a trial advocacy book written by trial lawyer. In fact, the scientific discussion is mostly reserved for the books forward where they credit neuroscientist paul macleans theory of. The reptile theory is the latest advocacy rage for the plaintiffs bar. One can argue whether ball and keenan have concocted a new trial strategy seizing on survival advantages and minimizing survival dangers.
Louis, missouri submitted on behalf of the trials pac reptile. Keenans book, coupled with alleged examples of how plaintiffs counsel allegedly put mr. Johnson to confront the reptile theory headon, you need your witness to do three things. Mar 03, 2010 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 theory is the human brain has three distinct compo. The gurus of reptilian trial strategy are david ball and don keenan, whose book, reptile. Preparing your witness for a reptile deposition at. 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. The theory gained prominence when trial consultant david ball and trial attorney don keenan published their book, reptile. May 20, 20 for many, the words lawyer and reptile are probably synonymous. Ball wrote two of the bestselling trial strategy books ever published. For instance, under the reptile theory, the regulations of the federal motor carrier safety. 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.
The 2009 manual of the plaintiffs revolution purportedly gives its adherents a significant edge over. The 2009 manual of the plaintiffs revolution purportedly gives its adherents a significant edge. This unique multivoice recording brings the first book in lemony snickets alarming a series of unfortunate events to such terrible life that no one should really have to experience it. The reptile theory is arguably the most gamechanging trend in litigation in recent history. Everything you needed to know about reptile at trial, but didnt kanasky 7 for the defense april 2014 15 tiles is a bad idea. Oct 04, 20 the gurus of reptilian trial strategy are david ball and don keenan, whose book, reptile. The reptile theory is a somewhat new strategy that plaintiff attorneys are using to obtain large jury verdicts at trial. The best way to defeat the reptile at trial is not to counteract it. The reptile room is the second book in the childrens series a series of unfortunate events, written by daniel handler under the pseudonym lemony snicket. The reptile prefers us, meaning plaintiffs, for two reasons. Reptile is a trial advocacy book written by trial lawyer don keenan.
Limiting reptile arguments, by appeal and otherwise. Why was the reptile trial advocacy book admitted into a. Alien reptile conspiracy at heart of murder trial baffles prosecutors. I mention this argument at the outset because the new trial motion of the jpa defendants is sprinkled with references to particularly inflammatory portions of mr. Reptiles in the courtroom advocacy and evidence resources. 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. But in a dekalb county wrongful death trial last month, plaintiffs lawyer don keenan found that defense lawyers will also buy the book, reptile. In their book, keenan and ball suggest that the key to success at trial is to appeal to the jurors fear for their survival, thereby implicating the reptile portion of the brain. The 2009 manual of the plaintiffs revolution, authors don c.
That year,attorney don keenan and jury consultant david ball published a book on trial strategy called reptile. 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. 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. April 20, 2018 the reptile brain strategy was designed to achieve plaintiff verdicts and high damages. 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.
The problem with all of this is that the idea of the reptile. Mar 21, 2018 the reptile theory is a somewhat new strategy that plaintiff attorneys are using to obtain large jury verdicts at trial. Like a car alarm, bagpipe music, or a doorbell ringing in the middle of the night, hearing this allnew audio edition of the bad beginning will only upset you. 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. Trial guides is a legal publishing company that helps trial lawyers win cases by providing cutting edge strategies from the nations leading trial lawyers. It is based on a plaintiffs attorney generalizing the defendants conduct. The appellation stems from a book and related seminars by david ball a trial consultant and don keenan a plaintiffs lawyer entitled 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. In 2009, don keenan and david ball authored a book entitled reptile. Apr 25, 2018 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. Preparing your witness for a reptile deposition 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. 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.
First, the authors immediately attack the reptile theory, stating that ball and keenans neuroanatomical as sumptions are incorrect. This matter having come before the court on defendant ruta obergfell, m. 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 tells the story of the baudelaire orphans, as they are sent to live with a distant relative named montgomery montgomery. 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 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. The 2009 manual of the plaintiffs revolution and use it against him. The book does a good job of developing it all the way through litigation. The reptile has a stronger focus on liability in my opinion, either way, both are must reads. The book specifically instructs the reader how to get the reptile, in the era of. Been hearing this book was a mustread for years at every plaintiffs bar. Undoubtedly, some of you are thinking back to your law school days and shouting, but wait.
That year, attorney don keenan and jury consultant david ball published a book on trial strategy called reptile. Before the march murder trial began, the judge asked rogers if she wished to accept a. It is based on a plaintiffs attorney generalizing the defendants conduct so that the jury members feel personally threatened. Defending against the reptile transport united states. First, the authors immediately attack the reptile theory, stating that ball and keenans neuroanatomical as. Limiting reptile arguments, by appeal and otherwise there is nothing new under the sun. Keenans reptile theory into practice at this trial. Since 2009, however, some lawyers have sought to transform the courtroom into a reptilian battleground. About the author trial lawyer don keenan is the founder of the reptile who, with david ball, cocreated and coauthored the reptile book.
Attorneys experienced in defending against highrisk personal injury claims are or should be wellversed in the trial tactic known as reptile theory. A central part of ball and keenans argument is that the reptile approach is a tool that helps one side, not the other. During his 40 years of practice, don has secured over 302. These two gentlemen coauthored a book titled, reptile. David ball on damages andwith reptile cofounder don keenanreptile. 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. He goes on to suggest that laughter, by creating incongruity and relief, gets the jury out of their reptile minds, creating the possibility for at least a simian trial. Mar 03, 2016 what is the reptile brain trial strategy. The 2009 manual of the plantiffs revolution by david a. Plaintiffs bar embraces reptile strategy and defense bar. In their books, videos, and seminars, keenan and ball advise plaintiff attorneys to demonstrate to jurors the immediate danger posed by the. 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. In fact, the scientific discussion is mostly reserved for the books forward where they credit neuroscientist paul macleans theory of the triune brain for serving as. We know that, in maml, we calculate second order derivativesthat is, the gradient of gradients.
So, openai came up with an improvement over maml called reptile. A brief primer on the reptile theory of trial strategy. 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. Sari is a gifted teacher, and there is practical, trial ready advice on nearly every page. 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. Jul 29, 2014 reptile theory is arguably the most gamechanging trend in litigation in recent history. Alien reptile conspiracy at heart of murder trial baffles. Home about results scholarships my account contact 0 reptile keenan ball books. Again, the goal with this technique is to invoke the reptilian brain of jurors, which thrives on evolution, and therefore maximizes survival advantages and minimizes survival dangers. 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. The reptile algorithm has been proposed as an improvement to maml by openai. Since its original release in 2006, it has helped lawyers throughout the country win six, seven, and eightfigure verdicts in cases with difficult liability. Are defendants tipping the scales on reptile theory. The fundamentals of reptile ball and keenan claim the book rests on the foundations of sound science, yet fill most of its pages with hyperbole and cheesy metaphor.