Description

Rick Friedman has been called the insurance industry's worst nightmare. His successful career has been distinguished by multi-million-dollar verdicts and precedent-setting case law. Among many of his landmark cases are the $152 million awarded to a State Farm agent in Bellott v. State Farm, $84 million awarded to a disabled doctor in Ceimo v. Paul Revere, and $16.5 million awarded to a disabled worker in Ace v. Aetna Life Insurance Company. His verdicts to date total over $300 million. Friedman is a member of the Inner Circle of Advocates, an invitation-only group that limits its membership to 100 of the leading trial lawyers in the country.

Patrick Malone is one of the leading attorneys in the eastern United States who represents victims of serious personal injuries against drug manufacturers, hospitals, and others in the medical industry. He frequently teaches lawyer groups about cutting edge techniques in trial advocacy. His verdict in Benedi v. McNeil PPC remains one of the largest collected judgments against a pharmaceutical company. Malone was an award-winning investigative journalist before attending Yale Law School. Like Rick Friedman, Malone is a member of the Inner Circle of Advocates and is listed in The Best Lawyers in America.

Now, they share their secrets of proving liability in serious plaintiff's cases of all kinds. Friedman and Malone help you consider your theme and strategy for trial using their Rules of the Road technique, and then take you from the pleading through discovery and trial.

Reviews

"Rules of the Road does not belong on your bookshelf or your desk; it belongs in your mind."
—David Ball, Ph.D., author of David Ball on Damages

"Taking on an insurance company in a lawsuit is extremely challenging for any lawyer—even the most experienced."
—United Policyholders

"Rules of the Road is innovative, interesting, easy to understand and follow, and its logic is very compelling."
—Larry S. Stewart, former president, Association of Trial Lawyers of America (now the American Association for Justice)

"Rick Friedman and Patrick Malone have provided the readers with an invaluable tool."
—Thomas A. Demetrio, past president, Illinois Trial Lawyers Association and Chicago Bar Association

"Friedman and Malone have given trial lawyers a road map to success."
—Stuart Z. Grossman, named Florida Trial Lawyer of the Year by the American Board of Trial Advocates, and member of the International Academy of Trial Lawyers

"Two preeminent trial lawyers share their powerful insights and practical techniques."
—Michael Koskoff, member of the Inner Circle of Advocates, and listed in The Best Lawyers in America

"This book is a must-read for all trial lawyers at all levels of practice."
—Don C. Keenan, child advocate, trial lawyer, and past president of the Inner Circle of Advocates

"The book is a combination of great advice on how to continue our education as trial lawyers, but also a good read."
—Bart Dalton, former president of the Delaware Trial Lawyers Association and fellow of the International Academy of Trial Lawyers

"Pat Malone and Rick Friedman's book Rules of the Road benefits every trial lawyer whether they have been before the bar three years or thirty."
—Jim M. Perdue, fellow of the International Society of Barristers, the American College of Trial Lawyers, the Inner Circle of Advocates, and author of I Remember Atticus and Winning with Stories

"This book is a must read for aspiring as well as experienced trial lawyers."
—Jim Bostwick, president-elect of the International Academy of Trial Lawyers, member of the Inner Circle of Advocates, and listed in The Best Lawyers in America

"Rick Friedman's Rules of the Road is a practical masterpiece..."
—Mike Bidart, Shernoff Bidart & Darras, LLP

"I recommend Rules of the Road to every serious trial attorney."
—Richard R. Kennedy, Lafayette, Louisiana, fellow of the American College of Trial Lawyer

"This book presents a ground-breaking approach to proving liability in every type of case. It is my belief that every plaintiff's lawyer should be familiar with the techniques outlined in this book."
—Les Weisbrod , president-elect of the American Association for Justice

"David Glenn of Grapevine, Texas, and I used the Reptile and Rules techniques, along with our teachings from Gerry Spence at the Trial Lawyers College in a case in Hope, Arkansas, and two weeks ago got what we believe is the largest verdict ever against a single doctor defendant in a medical malpractice case in Arkansas, $5.223  million. This is not to say we were not lucky with an outstanding set of jurors, and a wonderful trial judge, but still, the bottom line is that this stuff really works."
—Jim Keever, M.D., J.D., Texarkana TX

Success Stories

"I recently tried a bad faith case here in Kentucky that was supposed to be a very conservative jurisdiction. The judge, as well as everyone else, warned me not to turn down the offer of $300,000. We did, and the verdict was $755,000 plus $195,000 to be added for attorneys fees. Not a big verdict for California, but very respectable for here. Two jurors approached me afterwards. One said she liked the orgwanization that we demostrated (We used alot of "on the fly" powerpoint, and I had the Rules of the Road on two posterboards for their view at all times.) The other juror thanked me for bringing the case and pointing out what insurance companies are supposed to be doing. What a great feeling to receive such a complimentfor your work.

Every witness was hammmered about the rules of the road. They all admitted the rules applied. They then looked very silly in opining that there was no bad faith.

I spent alot of time reading your book before the trial. I altered my approach because of the book, by emphasizing the "rules" which kept the focus on the defendant's conduct. (I just purchased my second one for my expert witness in my next up-coming trial.)

Thanks for writing the book and sharing your knowledge with the rest of us."
—M. Austin Mehr, Lexington, Kentucky

Table of Contents

Introduction

1. Defining the Problem
2. Solving the Problem
3. Identifying the Rules of the Road
4. A Working List of Rules
5. The Plaintiff's Expert
6. The Daubert-proofed Expert
7. Discovery
8. Motions and the Rules of the Road
9. Finalizing the Rules of the Road
10. Opening Statement
11. Direct Examination of Your Expert
12. Cross Examination
13. Closing Arguments
14. Final Thoughts

Appendices