Rules of the Road 2nd Edition

Rules of the Road™

Second Edition: Revised and Expanded

Rick Friedman & Patrick Malone

Product Description

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™.

  1. Introduction
  2. Defining the Problem
  3. Solving the Problem
  4. Identifying the Rules of the Road
  5. Developing a Working List of Rules
  6. Why Rules and Principles Need to Be Kept Distinct
  7. The Plaintiff’s Expert
  8. The Daubert-Proofed Expert
  9. Discovery
  10. Troubleshooting Your Rules
  11. Fitting the Rules into Your Case Story
  12. A Special Problem: Rules of the Road in Automobile Cases
  13. Motions and the Rules of the Road
  14. Finalizing the Rules of the Road
  15. Motions In Limine About the Rules
  16. Voir Dire
  17. Opening Statement
  18. Direct Examination of Your Expert
  19. Cross Examination
  20. Closing Arguments
  21. Final Thoughts
  22. Appendices

Additional Information

Publisher Trial Guides, LLC
Hardcover 352 pages; 2nd edition (2010); ISBN: 978-0974324869

Look Inside the Book



  1. It’s hard to improve on a masterpiece, but Rick Friedman and Pat Malone did it again. The second edition masterfully provides case examples and practical templates beyond the first edition. It takes all of us to a new level. A must-have and must-read.
    —Don Keenan, author of Reptile and 365 Ways to Keep Kids Safe, and member of the Inner Circle of Advocates

  2. The second edition of Rules of the Road is among the most necessary trial advocacy books ever written. The first edition forever altered how we try cases. The second edition is even more important. Much here is new, and it’s essential.
    —David Ball, author of David Ball on Damages and Reptile

  3. The second edition explains in simple terms a winning strategy for framing rules from irrefutable principles. It’s an antidote to the defendant’s efforts to confound and confuse. A must-read for all plaintiff’s attorneys.
    —Anthony Tarricone, 2009–2010 president of the American Association for Justice

  4. If you want to improve as a trial lawyer, read this book.
    —Jane Paulson, past president of Oregon Trial Lawyers Association, listed in Best Lawyers in America, professor of trial advocacy at Lewis and Clark Law School

  5. Rick Friedman and Pat Malone have listened to their avid readers and improved on what was already a must-read for the serious trial lawyer.
    —Todd A. Smith, past president of the American Association for Justice, member of the Inner Circle of Advocates

  6. Malone and Friedman’s Rules of the Road is the most significant and practical contribution to advocacy and trial practice in several decades. The new edition is a mandatory read, hands down!
    —Mary Lynn Tate, co-director of the National Trial Advocacy College at the University of Virginia, fellow of the International Academy of Trial Lawyers, and listed in Best Lawyers in America

  7. I have been trying cases for over thirty years and I have found it imperative to have Rules of the Road within easy reach when I go to trial. The new, expanded second edition simply takes what was a great primer and makes it better.
    —Gary Paul, vice president of the American Association for Justice

  8. A must-have book for every trial lawyer just got even better. No trial lawyers should be without it.
    —Donald Beskind, director of trial advocacy at the Duke University School of Law

  9. Every time I read this book, I learn something new.
    —Karen Koehler, past president of the Washington State Association for Justice

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

  11. 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)

  12. 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

  13. 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

  14. 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

  15. 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

  16. 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

  17. 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

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

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

  20. 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

  21. 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

  22. I tried a medical malpractice case in January using the “Rules” method. I’ve followed this logic in most of my recent trials and it becomes more second nature each time. Interestingly, in my post trial juror interviews one of the jurors told us that they found for the plaintiff because we told them what the rules were and showed how they were violated, but the defense never even said what they thought the rules should be. That comment validated the approach for me even more. It was a no offer case that resulted in a 5 million verdict.
    —Lisa P O’Donnell, Bertini O’Donnell & Hammer, PC

  23. 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 organization that we demonstrated (We used a lot of “on the fly” powerpoint, and I had the Rules of the Road on two poster boards 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 compliment for your work.

    Every witness was hammered 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 a lot 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

  24. 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


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