Plaintiffs counter that negligence cases are inherently about safety. Strategies for dismantling the plaintiffs revolution by thomas m. For instance, under the reptile theory, the regulations of the federal motor carrier safety. Stetson university college of law floridas first law school.
The reptile theory the reptile theory is not about asking about the facts of the case but about convincing a jury that thedefendant is a hazard to their 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 put it, when the reptile sees a survival danger, even a small one, she protects her genes by impelling the juror to protect herself and the community. It is called the reptile theory because reptiles go into attack mode when threatened or frightened i. A permit is required for falconry and keeping raptors. Mar 03, 2016 what is the reptile brain trial strategy. The tactics described in the book have become widespread, and it is almost unavoidable in accidents that involve commercial motor vehicles. 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 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 reptile theory asserts that you can prevail at trial by speaking to, and scaring, the primitive part of jurors brains, the part of the brain they share with reptiles. Winner national outdoor book award historybiography longlisted penjacqueline bograd weld award for biographybefore rachel carson, there was george bird grinnellthe man whose prophetic vision did nothing less than launch american conservation. Karen sloan the national conference of bar examiners has warned that allowing law.
Plaintiffsattorneys argue that even in a conservative jurisdiction they can get a big verdict becauseconservative juries haterule breakers and will punish them. Preparing your witness for a reptile deposition at. Please consult your attorneys in connection with any factspecific situation under federal law. Keenan and ball offer six characteristics that each safety rule must possess in order to trigger jurors reptilian brains. In 2009, david ball and don keenan published a book called reptile. Native animal keeper record book nsw environment, energy. The 4inch turtle law is still on the books of the food and drug administration to this day. 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 book is a how to manual which includes how to select focus group jurors and a stepbystep process of how to conduct the focus groups. 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. To reach the reptile, the authors suggest you focus on community safety. 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 rcomplex is referred to as the reptilian brain because it is similar to the brain of the modern day reptile.
The 2009 manual of the plaintiffs revolution, also proved helpful to the defense in a recent dekalb county, ga. 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. The 2009 manual of the plaintiffs revolution, has popped up in defense bar seminars and eventsits even. While the strategy manifests itself in many ways, the idea behind it is simple.
Reptile and amphibian study merit badge requirements scoutbook. Strategies for responding to reptile theory questions. Defense uses reptile strategy against keenan grsmb. The main purpose of the theory is to unlock the jury. John crawford coauthored an article in the december 2015 for the defense magazine.
Coupled with the principles from the book rules of the road about which i previously wrote here and here, lawyers can go reptile by invoking or establishing broad safety rules which the defendant violated, but which would have avoided the harm if they had been followed. 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. The reptile has a stronger focus on liability in my opinion, either way, both are must reads. Super interesting theory about how in order to get a jury to find for your client, you have to convince them that their own interests are at risk the it could happen to you approach. Electronic native animal keeper record book e book the e book is a quick way to manage records of your native animal pets and related transactions. Appendix b1 of the book includes the leading case holdings on golden rule from every state. Reptile revolution is a reptile site designed for reptile and amphibian enthusiasts, by a reptile and amphibian enthusiast. This matter having come before the court on defendant ruta obergfell, m. The 2009 manual of the plaintiffs revolution reptile. Conrad have taken on the monumental task of assembling a guide to the laws in 49 states. Icke is a prominent reptile theorist, as evidenced by his book at right, even if a person has compatible bloodlines. 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.
Been hearing this book was a mustread for years at every plaintiffs bar conference around. When the reptile apparently a reference to a primitive part of the jurors subconscious sees a survival danger, even a small one, she protects her genes by impelling the. Another great read is david ball on damages, i think it is a better book than the reptile. You cannot possess, own, or breed any dangerous wild animal. These two gentlemen coauthored a book titled, reptile. The 2009 manual of the plaintiffs revolution ebook. The book claims to be aimed at combatting the effects of the tort reform movement. If the book suggests lawyers do anything inappropriate, that, too, is irrelevant. Defense bar decries reptile approach by plaintiffs lawyers. Reptile and amphibian study merit badge requirements. May 20, 20 for many, the words lawyer and reptile are probably synonymous.
Jul 29, 2014 the reptile theory is arguably the most gamechanging trend in litigation in recent history. Dec 16, 2019 the reptile theory encourages plaintiffs to appeal to the passion, prejudice, and sentiment of the jury. The reptile examines this shift and concludes that a better approach with todays modern juror is to focus individuals on societal norms. The reptile theory encourages plaintiffs to appeal to the passion, prejudice, and sentiment of the jury. 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. Moreover, ball and keenan explain that reptile tactics rely on convincing jurors to make their decision based on personal reasons. The concept, popularized by a book for the plaintiffs bar called reptile. Brallier born may 31, 1953 is a publisher, author, and web publisher.
The approach was described in the 2009 book reptile. Since the explosion onto the scene after the 2009 publication of david ball and don c. An important application of some basic neuropsychology to the jury system, this book should be required reading in law schools, public defender offices and. David ball, the trial method was created in response to tort reform. Mar 03, 2010 reptile has nothing to do with those facts. Oct 04, 20 plaintiffs bar embraces reptile strategy and defense bar responds. The reptile attorney will attempt to lead the defendant into an admission that a safety rule existed. Species listed by federal or state law as endangered, protected, or threatened must not be used as live specimens in completing requirement 8a.
Background the alleged foundation of the reptile strategy is. Wolfdog hybrids and certain cat hybrids are allowed. The 2009 manual of the plaintiffs revolution by david ball and don keenan. Reptile keenan ball has an average discount of 25% off and an average time to expiration of 16 days. For instance, under the reptile theory, the regulations of. The 2009 manual of the plaintiffs revolution, authors don c. That law went into effect in 1975, during the salmonella scare concerning small children putting baby turtles into their mouths and contracting the disease. The 2009 manual of the plantiffs revolution by david a. By framing arguments in terms of our most biologically basic. Its authors make no secret of the fact that the publication is for plaintiff attorneys, its full.
Second edition a plaintiff lawyers guide to proving liability illustrates how to theme your case by basing on fundamental norms of society. Brallier has authored or coauthored 31 books, including lawyers and other reptiles. Unfortunately for defendants, the reptile, while not new, can be a very effective and deadly adversary. The 2009 manual of the plaintiffs revolution, the reptile theory has frustrated and annoyed defendants and their attorneys. Keenan and ball offer six characteristics that each safety rule must possess in order to trigger jurors reptilian. The reptilian brain or rcomplex evolved hundreds of millions of years ago. The science underlying the theory has been debunked many times.
Plaintiffs bar embraces reptile strategy and defense bar. First, we have the oldest part of our brain located at the base of the brain which he termed the reptilian brain. This book, when read with the authors earlier work rules of the road. The plaintiff attorney wants to use fear to threaten a jury. That year, attorney don keenan and jury consultant david ball published a book on trial strategy called reptile. The book specifically instructs the reader how to get the reptile, in the era of tort reform, to work to the plaintiffs advantage. 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 dealspotr community last updated this page on october 28, 2018. Beyond the reptilian brain zen lawyer patrick trudell.
Reptile blog, care sheets, herp supplies, and herping stories. The strategy was designed specifically to achieve plaintiff verdicts and high damages, even in jurisdictions where damage caps exist. The law defines exotics as nondomestic cats and dogs, bears, primates, numerous reptiles, and more. Their book reorganizes approaches that have, in reality, been in existence since the birth of the american jurisprudence system. Reptile is a trial advocacy book written by trial lawyer don keenan. In their books, videos, and seminars, keenan and ball advise plaintiff attorneys to demonstrate to jurors the. Stetsonjournalofadvocacyandthelaw stetson university.
The book does a good job of developing it all the way through litigation. When the reptile apparently a reference to a primitive part of the jurors subconscious sees a survival danger, even a small one, she protects her genes by impelling the juror to protect himself and the community. Why was the reptile trial advocacy book admitted into a wrongful death trial. Home about results scholarships my account contact 0 reptile keenan ball books. Utilization of the reptile theory encourages jurors to decide a lawsuit based upon fear, generated by plaintiffs counsel, that a verdict in favor of the defendant will harm the safety of the community, and, thus, the juror. The court will be cognizant of appeals to the jurors prejudice, and any attempt by either party to appeal to the prejudice or sympathy of the jury will not be condoned. Iowa is pretty straightforward with its exotic pet laws. Plaintiff lawyers reptile book bites back at wrongful. 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 theory is arguably the most gamechanging trend in litigation in recent history. He is currently publisher and general manager of family education network a part of pearson, an online publisher for.
Why was the reptile trial advocacy book admitted into a. Reptile strategy has taken the plaintiffs bar by storm. Reptile theory resources advocacy and evidence resources. Reptile is a trial advocacy book written by trial lawyer don keenan and jury consultant david ball. 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. 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. 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. 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.
Since 2009, however, some lawyers have sought to transform the courtroom into a reptilian battleground. In short, the book is a roadmap for bringing the danger home for your jurors. Defendants have again not identified the specific evidence that is sought to be excluded. Oct 24, 2019 the approach was described in the 2009 book reptile. The captive reptile and amphibian permitlicense is valid from the date of issuance until the following december 31. 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.
This is a telling admission and fodder for a motion in limine. More specifically, that you show the immediate danger of the kind of thing the defendant did and how fair compensation can diminish that danger within the community. Use the e book to maintain and lodge your native animal records and save on postage and handling costs. The reptile theory is a somewhat new strategy that plaintiff attorneys are using to obtain large jury verdicts at trial. While the idea of reptile theory is alive and well in the legal community. And if ball and keenans devotees are to be believed, the theory is responsible for many large verdicts.
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. Free consultation call 240 4675741 the stravitz law firm helps victims and their families receive compensation for their injuries in injury and accident. Karen sloan the national conference of bar examiners has warned that allowing law graduates to skip the test because of the. Scouts must not use venomous reptiles in fulfilling requirement 8a. The reptile attorney must establish with the witness that there was a safety rule in place to protect the community from the danger the particular defendants posed, regardless of any codified or commonlaw rule. Keenan and david ball advocate persuading jurors by. Are defendants tipping the scales on reptile theory. All defense attorneys must be able to recognize the reptile once it begins to slither into a case.
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