Polarizing the Case

Exposing & Defeating the Malingering Myth

Rick Friedman
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Product Description

With Rules of the Road™, Rick Friedman (with co-author Patrick Malone) changed the way thousands of plaintiff’s lawyers try their cases. In the process, he established himself as one of the nation’s leading tacticians in the battle for civil justice.

With Polarizing the Case, Friedman teaches us not to fear allegations or insinuations that our client is malingering or exaggerating injuries. Instead he provides, in his own words, “a guidebook for wrapping the malingering defense around the defense lawyer’s neck and strangling him with it.”

  1. Introduction
  2. Part I: Description
  3. Defining the Problem
  4. A Solution
  5. Screening and Preparing the Case
  6. The Complaint
  7. Written Discovery
  8. Deposing the Defendant
  9. The IME Report
  10. Deposing the Treating Doctor
  11. Depsoing the IME Doctor
  12. Calling the Expert’s Bluff
  13. Motions in Limine
  14. Tone at Trial
  15. Voir Dire
  16. Opening
  17. Case in Chief
  18. Cross Examination of the IME Doctor
  19. Closing
  20. The Psychologic of Polarizing
  21. A Chapter for Defense Counsel
  22. Polarizing in Other Types of Cases
  23. Part II: Illustration
  24. The Lace Case
  25. Opening Statements
  26. The Husband’s Testimony
  27. The Plaintiff’s Neuropsychologist’s Testimony
  28. The Friend’s Testimony
  29. The Client’s Testimony
  30. The IME Doctor’s Testimony
  31. Closing Arguments
  32. Appendix A
  33. Appendix B

Additional Information


Publisher Trial Guides, LLC
Paperback 356 pages; 1st edition (2007); ISBN: 978-1941007082

Look Inside the Book

Introduction

Articles

10/15/2009 — Polarizing the Case: Exposing and Defeating the Malingering Myth
Reviewed by Todd Jones, Esq., in ATLA Docket (October 2009)

Polarizing the Case should be required reading for every plaintiff’s lawyer. Not only does Rick Friedman do a masterful job of formulating and describing a cogent, well-rounded and effective strategy for aggressively defeating the malingering defense, he shows the reader how to go about doing it in the real world. Continued »

6/20/2009 — Polarizing the Case
Reviewed by Alice J. Wolfson, Esq., in United Policyholders (June 2009)

This is a book for trial lawyers written by one of the most successful trial lawyers in the United States. But anyone who has ever been a victim of an insurance company’s tactics designed to deny or underpay a legitimate claim might also find it interesting. Continued »

Short Reviews
  1. Before trial, we were offered nothing. At trial, I used Polarizing the Case for the first time. My client had $17,000 in medical bills for rotator cuff surgery. The defense attacked my client, who was an honest, hard-working family man, as a liar, cheat, and fraud who was trying to get something for nothing. After trial, before the verdict, we were offered $125,000—my client refused. The jury returned a verdict of $500,000. Polarizing the Case is a masterpiece that I recommend to every plaintiff’s attorney!
    —Larry V. Roberts

  2. Stunningly simple in concept, yet more effective than any other approach I’ve seen to neutralize unfair defense doctors.
    —Karen Koehler, author of Litigating Minor Impact Soft Tissue Cases, and listed in The Best Lawyers in America

  3. Rick Friedman’s stunning effort, Polarizing the Case: Exposing and Defeating the Malingering Myth unmasks feelings that all trial lawyers have no doubt had at some level in every case.
    —Michael J. Bidart, Esq., fellow of the International Academy of Trial Lawyers, American College of Trial Lawyers, the American Board of Trial Advocates, and listed in The Best Lawyers in America

  4. Remember the old Raid commercials where Mr. Raid sprays the dirty slime bugs, sending them screaming and cursing to a horrifying, shrivelling, screaming death?
    —David Ball, Ph.D., author of David Ball on Damages

  5. [This book] is the Sun Tzu treatise for attacking and defeating common defenses in personal injury cases.
    —Jim Perdue, fellow of the International Society of Barristers, the American College of Trial Lawyers, the Inner Circle of Advocates, and the author of I Remember Atticus and Winning with Stories

  6. Rick Friedman’s important new book is essential for all lawyers who have suffered the sting of hearing their clients’ real injuries mocked, minimized and maligned.
    —Michael Koskoff, member of the Inner Circle of Advocates, and listed in The Best Lawyers in America

  7. I read lots of books about lawyering, and after a while a lot of it starts to sound the same. The same recycled ideas, the same rules, the same strategies. But every now and then someone comes along with something that breaks the monotony. Rick Friedman’s book Polarizing the Case is one of those.
    —Mike Abourezk, member of the Inner Circle of Advocates, listed in The Best Lawyers in America, Steven J. Sharp recipient, and named Trial Lawyers College Mid-West Warrior of the Year (Read review and interview with Rick Friedman)

  8. [It] is the Bible for anyone trying cases in today’s climate. It covers all aspects of trying a personal injury cases today.
    —Brian Panish, member of the Inner Circle of Advocates, the International Society of Barristers, and lead counsel in the largest personal injury and product liability verdict in American judicial history ($4.9 Billion)

  9. Every lawyer who represents injured souls must read this book.
    —Eric Fong, instructor and president of the F-Warriors, Trial Lawyers College

  10. Polarizing the Case teaches lawyers to turn tables on malingering defense.
    —Steven L. Shaw, editor-in-chief of the Washington State Trial Lawyers Association Trial News (Read the review in Trial News)

  11. If you have been dissatisfied with the amount of the verdicts you have been getting or would like some fresh ideas to improve your presentation of damages at trial, Polarizing the Case is worth your time and money.
    —Todd J. Bloomfield, The Advocate, February 2008 (Read the review)

  12. Polarizing is a great book for experts, even though it was written for lawyers.
    —Dr. Arthur Croft, author of Whiplash Injuries: The Acceleration/Deceleration Syndrome

  13. I’ve used the Polarizing technique for about four years now, and have not once been denied justice in my last eight trials. I’ve had to ask juries to listen carefully to the words the defense counsel uses, who hint, wink, insinuate and suggest however softly that my client is a liar, a fraud and a malingerer because they won’t flat-out say what they mean. But their message is unmistakable. And to date, not one defense counsel has owned up to their tactics. I’ve seen jurors smile when they recognize the tactics after I point them out.
    —Richard Kaudy

  14. My heart skipped a beat when I first heard from the defense that “perhaps my client was a malingerer.” I didn’t say a word, I didn’t argue and I took them to trial having faith in the polarizing technique. I shamelessly used it (almost word per word). The offer was $35,000 and my verdict was for $497,000. Thank you Mr. Friedman for such a wonderful technique.
    —Monrae L. English, Wild, Carter & Tipton

  15. The day before a jury gave me a $1.8 million verdict in a case that I put together and presented based on principles in Rick’s two books, Rules of the Road and Polarizing the Case (along with a little help from Reptile). His techniques really worked.

    Mine was a psychiatric overlay case. The defense was calling my client a liar/malingerer, without actually saying the words. I had to turn the defense neuro-psychatrist and show that he was the liar. Which I did, using a lay witness, as Rick recommended in his book.
    —Charles R. Douthat, Esq., Jacobs & Dow, New Haven, CT

  16. The jury in our case returned a verdict of $476,880.28, less 20% for comparative negligence, for a net of $381,504.28 in a whiplash case. The plaintiff rear ended a car, that had just rear ended the defendant’s vehicle. $16,000 medical, of which $12,000.00 was for ER. Other bills for 3 doctor’s visits and 10 physical therapy sessions. Last treatment Aug. ’05. Offer during trial $20,000. Demand $75,000. Before closings, the judge (in very conservative county) told me I ‘lost this jury,’ and predicted a verdict of between $15K and $25K. Asked the jury for $784,080.28. The defense suggested medical bills, minus whatever comparative (claimed plaintiff going too fast). Of some interest, jury gave 100% of $384,000 for pain and suffering, before reducing by 20%.

    Thanks for all you do to share your wisdom with the rest of us, so that we can get the best possible results for our clients. BTW, each time I had to drive out to court, I listened to your Moral Core CD in the car. Pure genius.
    —Timothy J. Cavenagh, P.C., Chicago, Illinois

1 review for Polarizing the Case

  1. With one defense surgeon saying that all eight of our client’s medical providers were totally wrong – based on a record review only – we used the Polarizing The Case format of cross examination and closing argument to show how extreme the defense position was. The defense did not know how to deal with the honest, bright light explanation of their own case. The defense offer was $25,000 and the verdict was for $1.2 million.

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