USING A “REPTILE” STYLE OPENING STATEMENT

USING A “REPTILE” STYLE OPENING STATEMENT

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·Beginning in 1952, neuroscientist Paul D. MacLean began developing the thesis that humans have a “triune” brain, a part of which consists of a “reptilian complex” that controls the instinctive behaviors involved in survival and reproduction of the species. David Ball and Don Keenan adapted it in their 2009 book Reptile, arguing that plaintiffs’ attorneys should appeal to the reptilian part of the brains of jurors. They suggest that, to be effective, the question has to do six things:• Prevent…

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IT’S NOT WHAT YOU SAY, IT’S HOW YOU SAY IT THAT COUNTS

IT’S NOT WHAT YOU SAY, IT’S HOW YOU SAY IT THAT COUNTS

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“If you’re trying to persuade people to do something, or buy something, it seems to me you should use their language.”—David Ogilvy advertising expert The Challenge of Current Attitudes The fundamental factors involved in influencing jurors’ verdicts have remained the same over time. They primarily include: (1) juror’s backgrounds – their occupation, education, socio-economic status etc. (2) juror’s past significant experiences that influence their thinking and (3) jurors strong values, opinions and beliefs. Also constant over time are the importance…

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DON’T WIN THE BATTLE BUT LOSE THE WAR OVER CAUSATION AS A TRIAL ISSUE

DON’T WIN THE BATTLE BUT LOSE THE WAR OVER CAUSATION AS A TRIAL ISSUE

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The November 2024 King County Bar Bulletin had an article by jury consultants Thomas O’Toole and Kevin Boally dealing with the issue of causation and its importance in obtaining a plaintiff verdict. It was a subject I have written and lectured about to lawyers. Causation is often ignored or under emphasized by plaintiff attorneys. Too often plaintiffs proceed with the frame of mind that if they prove the harmful conduct they will receive a favorable verdict. This is consistent with…

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