Rules of the Road™
Second Edition: Revised and Expanded
Rick Friedman & Patrick Malone
Hardcover: 352 pages; 2nd edition (2010)
Damages 3 & Rules Package
Rules of the Road is America’s bestselling text on proving liability. Since its original release in 2006, it has helped lawyers throughout the country win six-, seven-, and eight-;figure verdicts in cases with difficult liability. The book is the basis of an AAJ Trial College, the topic of many CLE lectures by the country’s leading lawyers, and is taught in trial advocacy classes at law schools.
The authors have now honed this groundbreaking work in this second edition. In addition to revisions throughout the book clarifying concepts in the first edition, Friedman and Malone have added six new chapters and three appendices. They cover the differences between rules and principles, how to troubleshoot your rules, and how to fit Rules of the Road techniques into your case themes. They discuss how to use rules earlier in the case, through motions in limine, and in voir dire. They include samples of rules from a variety of types of cases, including medical malpractice, product liability, insurance claims practice cases, and many more.
In addition to their own experiences of trying cases with the Rules of the Road technique, the authors include contributions from other successful attorneys, and they teach you how to use these tools to win your own trials.
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 A. Malone is a leading patient safety advocate and attorney who represents seriously injured people in medical malpractice, product liability, and other types of lawsuits. 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.
This title is part of the Rules of the Road™ series by Trial Guides™.
Table of Contents
1. Defining the Problem
2. Solving the Problem
3. Identifying the Rules of the Road
4. Developing a Working List of Rules
5. Why Rules and Principles Need to Be Kept Distinct
6. The Plaintiff’s Expert
7. The Daubert-Proofed Expert
9. Troubleshooting Your Rules
10. Fitting the Rules into Your Case Story
11. A Special Problem: Rules of the Road in Automobile Cases
12. Motions and the Rules of the Road
13. Finalizing the Rules of the Road
14. Motions In Limine About the Rules
15. Voir Dire
16. Opening Statement
17. Direct Examination of Your Expert
18. Cross Examination
19. Closing Arguments
20. Final Thoughts
"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
"Last week I was able to put into practice much of what I have learned from your (Rick Friedman) books and lectures in a premise liability trial here in Indianapolis. The ‘rules’ approach worked flawlessly on liability as well as ‘polarizing’ techniques on damages (and liability to some extent). I won’t bore you with the details, but the result was phenomenal! The defense offered only $10,000 the week before trial (the client had just under $18,000 in meds). The jury returned a verdict of $275,000. Thank you so much for all you do. Please keep up the good work. Young trial lawyers like myself can learn so much from your insight."
—Christopher M. Barry, Indianapolis, Indiana