Reptile: The 2009 Manual of the Plaintiff's Revolution Paperback

331 Pages·2009·1.215 MB·English

by  David Ball, Don Keenan

www.reptilekeenanball.com

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REPTILE

The 2009 Manual of the Plaintiff’s Revolution

By David Ball and Don C. Keenan

Research Team:
David Ball, Ph.D.
James E. Fitzgerald
Gary C. Johnson
Don C. Keenan

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All rights reserved
Copyright © 2009 by: Balloon Press, New York, NY

ISBN: 0-9774425-5-1
ISBN 13: 978-0-9774425-5-3

Library of Congress Control Number: 2009923614

Printed by: BookMasters, Inc.
Printed and Bound in Ashland, Ohio.

No part of this book may be reproduced or transmitted in any form
or by any means, electronic or mechanical, including photocopying,
recording, or by any information, storage and retrieval system,
without written permission
of the publisher, except where permitted by law.
For information address: Balloon Press, 300 Park Avenue, 17th
Floor,
New York, NY 10022

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DEDICATION

This first edition of Reptile is dedicated to the pioneers: the national
array of trial attorneys who, instead of caving in to mean times,
have allied themselves with the Reptile by successfully field-testing
her in negotiations and in trial after trial.

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ACKNOWLEDGMENTS

We are grateful to Duke University School of Law, and to Duke's
medical research library. Duke Law Professor Doriane Lambelet
Coleman has been of enormous help. So has Duke's Professor
Norman L. Christensen, whose lucid explanations of evolution stand
as a lesson to lawyers that even the most complex of concepts can
be made simple enough for everyone to understand.

Thanks also to attorneys Donald H. Beskind (Raleigh), Mark Davis
(Honolulu), Rick Friedman (Bremerton, WA), Paul N. Luvera
(Seattle), Randi McGinn (Albuquerque), and Jim M. Perdue, Sr.
(Houston), for their brilliant input. And thanks to the Inner Circle of
Advocates for their input and encouragement as this project
progressed.

Keenan Law Firm attorney Charles Allen was deeply involved in the
research that led to this book and the Reptilian approach. And the
firm’s Allan Galbraith also deserves our thanks.

The Keenan’s Kids Foundation’s April Swanson has our deep
gratitude, as does Atlanta attorney Kelly Sherrill.

Trial consultants Artemis Malekpour and Debra Miller (Miller
Malekpour & Ball; Research Triangle, NC) provided key advice
throughout our research and the writing of this book.

Susan C. Pochapsky and Katharine M. Wilson, as always, have been
guides of constant and meticulous attention. Insofar as Reptile is
readable and makes sense, the credit is theirs. Insofar as it is not,
the blame is ours for not listening to them.

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Finally but most of all, thanks to our amazing research partners,
James E. Fitzgerald (Cheyenne) and Gary C. Johnson (Pikeville,
Kentucky), towering examples of great lawyers who spare nothing
to become even greater.

David Ball Don Keenan
Durham, NC Atlanta, GA

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CONTEXT: This book is the companion volume to David Ball on
Damages, which explains many techniques you’ll need to help you
work with the Reptile.

Two other books should be your close companions as you master
the Reptile: Rules of the Road (Rick Friedman and Pat Malone), and
both volumes of Closing Arguments (Ed. Don C. Keenan). Rules of
the Road is essential for working with the Reptile. Closing
Arguments is a treasure trove of Reptiliana to pore through after
reading Reptile.

CAVEAT: The language of this book – “Reptile,” “Code,” “Tentacles
of Danger,” etc., are used to teach you how this approach works.
Such words are not for the jury.

MAJOR AXIOM: When the Reptile sees a survival danger, even a
small one, she protects her genes by impelling the juror to protect
himself and the community.

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Trial Advocacy Books by Don C. Keenan

Out-of-State Practice of Law; Pro Hac Vice, 1981, Harrison Publishing
Company.

Social Security Law; Procedure, 1986, Harrison Publishing Company.

Obstetrical Medical Negligence, 1991, Law Press, Inc.

Closing Arguments; Child Injury Wrongful Death, Volume I, 2004,
Balloon Press.

365 Ways to Keep Kids Safe, 2005, Balloon Press.
-First place, Benjamin Franklin Book Award by Publishers Marketing
Association, Best Parenting Book of 2008.
-Outstanding Book by National Organization Exceptional Parent.

Closing Arguments; Child Injury, Wrongful Death, Volume II, 2008,
Balloon Press.

Audio Tape Collection by Don C. Keenan

Faces of the Future: How To Be A Better Lawyer For Children. 10
lectures remastered by TrialGuides

Don Keenan

During his 34-year national career, Don has obtained 145
verdicts/settlements over a $1,000,000.00, eight over
$10,000,000.00 and one verdict over $100,000,000.00. He has
twice been chosen “Trial Lawyer of the Year” and was given by
Oprah Winfrey the distinction as a “person of courage”. Don has
handled associated cases in over 43 states and 5 foreign countries.
NBC News 27 years ago featured Don as a pioneer in the evolution
of focus groups. He's recognized as an innovator and out of the box
leader of the trial bar twice serving as national President, first of

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