You may already know about Inner Circle lawyer Rick Friedman's best seller Rules of the Road. In his book 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 neck of the defense lawyer and strangling him with it."
Here is what one young lawyer did with his copy of Polarizing the Case:
"In the first trial, I was objected to three times in the first thirty seconds of opening. Needless to say, the jury KNEW I was polarizing the case. I gave them two choices. The judge called me to the bench and whispered, 'What the hell are you doing?' I was a little nervous. I replied, 'Your Honor, I am perfectly entitled to do this. I got this from a book. Besides, isn't this why we are really here?'
He looked dumbfounded, then said, 'OK, move along now.' We worked hard trying to convey the ideas from Polarizing the Case. I think we did a good job. The jury came back with $700,000 for a rotator cuff injury. The book is marvelous.
Rick talks about 'leaving our safe cave, drawing the sword, and fighting the dragon.' We did this again in the second case after being attacked in voir dire. The jury came back with full justice; $4,000,000 for the wrongful death of a wonderful man to colon cancer. Rick teaches us to polarize more than just the facts, but the people and lawyers too. Using the polarizing method, the jury knows who is honest in the end!"
- Joseph P. Cullan, The Cullan Law Firm, Omaha, Nebraska