Uncategorized

Since 2009, “the Reptile” has been striking fear into the hearts of defense lawyers throughout the US …well, and everyone else in the transportation, medical, manufacturing, retail, and hospitality industries…and everyone else who employs people…or owns property…and all of their insurers. So basically everyone who owns, runs, insures, defends, or manages risk for a business …

The Reptile Theory (Part 1) – Welcome to the Nuclear Age Read More »

In Part 1 of this series, we gave a brief overview of the Reptile theory according to how it’s currently being taught and practiced in the field of personal-injury litigation. Here in Part 2, we’re going to talk about what the Reptile Theory is NOT. You may be surprised to know that, in reality, the …

The Reptile Theory (Part 2) – More than Meets the Eye Read More »

Previously, in Parts 1 and 2 of our Reptile series, we discussed what the Reptile Theory IS and what it is NOT. In this segment, we’re going “prehistoric”–back to the decades before the Reptile Theory was a thing. Back to a time when the nuclear verdicts of today were a mere twinkling in Ball & …

The Reptile Theory (Part 3) – Which Came First: The Reptile or the Egg? Read More »

By now we’ve all become acquainted with the Reptile Theory: a litigation strategy used by plaintiffs’ attorneys to obtain disproportionately large verdicts through various forms of psychological manipulation. Naturally, most defense efforts focus on legal strategies for every phase of litigation and trial. And while it’s true that our legal skills are necessary to combat …

Dissecting the Reptile: Tips for Using Crucial Conversations to Locate the Reptile Heart Read More »

It’s never easy to find yourself in the deponent’s chair. And when you’re the defendant, you can bet that the plaintiff’s attorney has an arsenal of sneaky tricks to gain the upper hand during personal-injury depositions. While some tricks are more obvious and some are more subtle, the ultimate goal is the same: to make …

10 Deposition Tricks to Avoid When in the Deponent’s Chair Read More »

TRICK: The Victim-Villain Vortex. TIP: Become a Force of Nature. Well folks, we made it! Welcome to Part 10 of our series on plaintiffs’ deposition tricks. For our final article, we’re coming full circle and taking you back to the storm and all of its chaos. Except this time, instead of managing the storm, we’re …

Tips for Combating Plaintiff’s Deposition Tricks #10: Force of Nature Read More »

TRICK: Manipulate the Factual Premise of the Question to Create a False Horizon. TIP: Trust Your Instruments. As we near the end of our 10-part exposé, by now it’s probably clear that, in a deposition, the main goal of the plaintiff’s attorney is to manipulate a desired outcome. Thus far, we have focused primarily on …

Tips for Combating Plaintiff’s Deposition Tricks #9: The False Horizon of Factual Manipulation Read More »

TRICK: Use the Fog of Confusion to Extract False Admissions. TIP: Stay Alert. For the last two weeks, we have been discussing the dangers presented by the Fog of Confusion and exposing various Confusion tactics plaintiffs’ attorneys might use in a deposition. Until now, however, we have focused on Confusion solely as a path toward …

Tips for Combating Plaintiff’s Deposition Tricks #8: The Fog of Confusion (Part 3) Read More »

In this 10-part series, Tips for Combatting Plaintiffs’ Deposition Tricks, we expose some common tricks that plaintiffs’ attorneys frequently use to gain the upper hand during a personal-injury deposition. If you find yourself in the deponent’s chair, here are some tips for recognizing and combatting these tricks so you can stay calm, maintain control, and …

Tips for Combating Plaintiffs’ Deposition Tricks: #5 – The Undercurrent of Humiliation – Part 2 Read More »

TRICK: Induce Low Road Cognition with the Fog of Confusion. TIP: Plan Ahead. Welcome back to our 10-part series exposing common tricks used by plaintiffs’ attorneys in depositions and what you can do to prepare for them. So far, we’ve been focusing on the importance of maintaining “High Road Cognition” in order to best represent …

Tips for Combating Plaintiffs’ Deposition Tricks: #6 The Fog of Confusion (Part 1) Read More »