Using Defense Witnesses to Prove Damages

Using Defense Witnesses to Prove Damages

In this excerpt from Damages Evolving, trial lawyers Nicholas Rowley and Courtney Rowley discuss how to use defense witnesses during cross-examination to advance your damages case.
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Lessons from Damages Evolving, Trial by Human, form Cornerstone of $4 Million Brain Injury Verdict

Trial Guides wishes to congratulate Phil Hall (Pensacola, FL) and co-counsel Chris Crawford on their recent $4 million verdict. Hall was primary co...
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Trial Guides Customer Tom Wuori Wins $13.4M Premises Liability Verdict

Congratulations to Trial Guides customer Tom Wuori, of Ringsmuth Wuori, for his recent $13.4 million verdict!  Tom credits lessons learned from Rul...
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Damages Evolving Book Review

Reviewed by Nicole Gainey of Gainey Law, PLLC Originally published in the June 2022 edition of Trial News a monthly publication from the Washington...
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Recent $352 Million Verdict

Congratulations to trial lawyers Randy and Alex Sorrels, of Sorrels Law in Houston, Texas, for their recent $352.7 million verdict! The Sorrels cre...
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Who is ...? Season One - Free Streaming Series

Who is ...? Season One - Free Streaming Series

Join David Ball as he interviews some of the most influential trial attorneys in the country. Each episode, David sits down with his guest and expl...
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Winning Medical Malpractice Cases

Using The Rules of the Road™ Technique to Win Medical Malpractice Cases

One in three patients admitted to hospitals experiences a medical mistake, and the cost of fixing the harms caused by these errors is $17 billion a year. The number of 250,000 preventable deaths from medical errors per year in the United States according to Johns Hopkins landmark study - the third leading cause of death in the United States. Despite this, approximately 90 percent of all med mal verdicts favor the defendant. This article focuses on using Rules of the Road to win medical malpractice cases.
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Educating the Trial Lawyer

Written by David Rosenthal, CCTLA First Vice President Originally published in the Fall 2020 issue of The Litigator, a quarterly magazine from the...
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$3.42 million Noneconomic Damages Verdict in Hidalgo County, Texas

$3.42 million Noneconomic Damages Verdict in Hidalgo County, Texas

In Hidalgo County, Texas, attorneys Michael Cowen and Malorie Peacock of Cowen Rodriguez and Peacock obtained a just multimillion-dollar verdict for the widow of a man who died during a trench collapse. Read more about how they obtained the verdict.

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Trial Guides Live CLE featuring David Ball, Artemis Malekpour and Keith Mitnik

Trial Guides Live CLE featuring David Ball, Artemis Malekpour and Keith Mitnik

Announcing a new Trial Guides live CLE in Washington DC featuring:

April 6, 2018: David Ball, and Artemis Malekpour covering David Ball on Damages Advances and Innovations.

April 7, 2018: Keith Mitnik - Foil their Plan to Spoil Your Case.

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New Reptile in MIST Cases Webinar by David Ball and Gary Johnson

New Reptile in MIST Cases Webinar by David Ball and Gary Johnson

Auto cases the insurers designate as "Minor impact" due to minimal visible vehicle damage are amongst the most difficult plaintiff cases to win, despite there being no correlation between vehicle damage and occupant injury.

Join trial consultant David Ball and veteran trial lawyer Gary Johnson for a webinar called "Reptile in MIST Cases." This webinar will discuss the use of the Reptile method to win "Minor Impact Soft Tissue" cases.

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2013 Trial Guides Litigation Quote Calendar Now Available

2013 Trial Guides Litigation Quote Calendar Now Available

The 2013 Trial Guides Litigation Quote Calendar is now available.  

This daily calendar is the result of painstaking work by the Trial Guides staff to bring you the very best advice from every product we carry. We’ve searched every book and video in the Trial Guides library for the best advice from today’s leading experts on litigation, such as Gerry Spence, David Ball, Rick Friedman, and more.

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Trial in Action - The Power of Psychodrama Trial Lawyers College

Trial In Action reviewed in Trial Talk®

Book Review: Every now and then, a book comes along with new and revolutionary ideas that break the monotony of the traditional way of preparing and trying a case. Trial in Action: The Persuasive Power of Psychodrama is such a book. You’ve read Rick Friedman; you’ve read David Ball; you’ve read Gerry Spence. If you want to take the next step in your development as a trial lawyer, you owe it to yourself to read Trial in Action.
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Announcing A New Relationship between Trial Guides and AAJ

Announcing A New Relationship between Trial Guides and AAJ

Trial Guides is proud to announce an exciting new relationship with the American Association for Justice ("AAJ") as publisher for future AAJ Press publications. This relationship continues Trial Guides’ tradition of providing the most comprehensive, cutting-edge publications available to help you improve your practice and better represent your clients.
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David Ball on Damages 3 Now Available for Pre-Order

David Ball on Damages 3 Now Available for Pre-Order

Trial Guides is pleased to announce the pre-order of David Ball on Damages 3.

David Ball on Damages has been America’s best selling text on proving damages since the release of the brilliant first edition in 2001.  The second (red) edition has been one of the best selling books at Trial Guides.

Now, David Ball on Damages 3 teaches you how to integrate the Reptile and Rules of the Road methods, along with new voir dire techniques, into the classic Damages method.

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Co-Authors of Reptile Praise Rules of the Road Second Edition

Co-Authors of Reptile Praise Rules of the Road Second Edition

The authors of one of our hottest selling books, Reptile: The Manual to the Plaintiff's Revolution, have both read and reviewed the new edition of Trial Guides' best selling book Rules of the Road:

"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, Trial Lawyer, author of Reptile and Past-President of the Inner Circle of Advocates.

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Now Available: Theater Tips and Strategies for Jury Trials

Now Available: Theater Tips and Strategies for Jury Trials

Today's jurors are bombarded with media images of handsome and sexy lawyers, heroically solving crimes and winning in the courtroom. In reality, the courtroom is nothing like TV's "win in a 60-minute episode" format, but your performance can be just as appealing, passionate, and valiant.

From David Ball's theatrical background comes Theater Tips and Strategies for Jury Trials, a practical guide to improve your performance in the courtroom.

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Dr. Arthur Croft Reviews David Ball on Damages and Reptile

Dr. Arthur Croft Reviews David Ball on Damages and Reptile

The following is an article by leading spinal injury researcher, Dr. Arthur Croft, on David Ball on Damages, and Reptile, and how these books impact physician's narrative reports in personal injury cases.
Medicolegal Gems: 7 Ways the Doctor's Report Can Favorably Influence the
Outcome. Are Your Reports in Sync?
Let me begin by saying that this is not a book report, nor am I recommending readers to go out and read law books. My intro here is merely to provide, as lawyers would say, foundation. Although few doctors would recognize the name, one of the most influential experts in the legal arena today is David Ball, Ph.D.
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Winning the Unwinnable Case

Winning the Unwinnable Case

Join leading trial consultant David Ball and attorney Gary C. Johnson in a discussion of how to win an "unwinnable" case. This video interview touches on ideas discovered in the early formation of the Reptile theory—specifically, the idea of community safety.

In 2002, a Kentucky jury ordered the defendant gas company to pay more than $270 million to the plaintiff, a man whose water well exploded, resulting in minor burn injuries with no lasting damages. A series of focus groups conducted over the months before trial showed just how difficult the case would be. Instead of backing away from the challenge, Gary Johnson used an approach he calls "Judo Law" to leverage the facts, and to turn the most difficult issues to his advantage. The approach turned this unwinnable case—in a county that everyone said would not give a decent verdict—into what is believed to be the largest verdict ever given to an individual for a company's environmental negligence.
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Reptile Products Continue Expanding

Reptile Products Continue Expanding

The Reptile: 2009 Manual of the Plaintiff's Revolution is now in its third reprint since summer 2009 due to popular demand! Additionally, the Reptile: Method to Witness Preparation DVD, with more than six hours of client preparation information, has been widely received as an "outstanding" resource. It is aimed at lawyers, to help better prepare clients and witnesses for deposition and trial testimony.  Now you can buy both from Trial Guides.
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Reptile Don Keenan David Ball

Reptile Endorsed by Leading Experts

There has been an incredible reaction in the trial lawyer community regarding Reptile: The 2009 Manual of the Plaintiff's Revolution. The book received unprecedented pre-orders, and lawyers using the techniques have already obtained six, seven and eight figure verdicts across the country.
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David Ball on Focus Groups

David Ball on Focus Groups

Focus groups can help you obtain better outcomes in your cases by understanding the pitfalls in your facts or themes.  In this DVD, trial consultant David Ball, author of David Ball on Damages and Reptile: The 2009 Manual of the Plaintiffs Revolution explains step-by-step how to set up, conduct, and analyze your own high quality focus group.
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Trial Guides Presents Don Keenan and David Ball's Reptile

Trial Guides Presents Don Keenan and David Ball's Reptile

David Ball and Don Keenan are revolutionizing plaintiff's law with REPTILE: The 2009 Manual of the Plaintiff's Revolution. Learn about the reptile brain, and how and why jurors make the decisions they do. This groundbreaking new research from Ball, Keenan, Jim Fitzgerald, and Gary C. Johnson teaches you how to make tort reform have only a negligible impact on juries. Using the jurors' most primitive instincts of safety and self-preservation, you can show jurors that your case isn't only about getting justice for your plaintiff, but about protecting the entire community.
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Keenan and Ball's Reptile Helps Attorney Win Multi-Million Dollar Jury Verdicts

Keenan and Ball's Reptile Helps Attorney Win Multi-Million Dollar Jury Verdicts

Over the course of the past six months, David Ball and Don Keenan have revealed a new method of trying cases based upon fundamental human needs which the "reptilian" brain regulates. Lawyers throughout the country are trying these methods and winning large verdicts. As reported last week, two lawyers in Texas obtained an $85 million verdict and a $20 million verdict using the method. More recently, Keith Fryer of Georgia obtained a $5.5 million judgment in an auto-pedestrian collision case using the Reptile method.
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Trial Guides

Trial Guides Points the Way

I have started going to more seminars, reading more books, watching more video—trying to get beyond "the law" and generic trial techniques, and focusing specifically on how to win plaintiffs’ personal injury trials. It soon became apparent that a new publishing company predominates this niche, publishing and distributing some of today’s most important plaintiffs’ trial materials—Trial Guides.

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Secrets of $1,000,000 Child Injury and Wrongful Death Verdicts

Secrets of $1,000,000 Child Injury and Wrongful Death Verdicts

In association with trial lawyer Don Keenan, we are proud to offer you Closing Arguments Child Injury and Child Wrongful Death Cases, Vol. II, a collection of closing arguments by the nation's finest trial lawyers, all of which generated substantial verdicts. This book and document CD package contain fool proof closing arguments from Inner Circle of Advocates members including Rick Friedman, Brian Panish, Thomas KlineJoseph A. Power, Jr.Pat Malone, Rex CarrDennis Donnelly, and many more, along with an introduction by David Ball, Ph.D.
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Don Keenan Joins David Ball at the first Welcome to the Revolution Reptile CLE

Don Keenan Joins David Ball at the first Welcome to the Revolution Reptile CLE

Trial Guides is proud to announce that one of the nation's leading trial lawyers, Don Keenan, has agreed to join David Ball at Trial Guides' Welcome to the Revolution - Reptile CLE! It will be one of the "must see" CLEs of the year.

If you haven’t heard about David Ball and Don Keenan’s new “Reptile” trial technique, you are missing the most important trial strategy of the year. Together, they have written a masterpiece for plaintiff’s lawyers called REPTILE: The 2009 Manual for the Plaintiff's Revolution. The new method transforms even the worst jurors into your allies. Learn the material first hand at Trial Guides’ Welcome to the Revolution Reptile CLE

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$7.05 Million verdict credited to David Ball's Welcome to the Revolution

$7.05 Million verdict credited to David Ball's Welcome to the Revolution

Attorney Chris Stombaugh of Wisconsin recently obtained a $7.05 million verdict on a construction site accident verdict in Iowa. He credits a substantial factor of his success to David Ball's "Uber Rule" discussed in his Trial Guides Welcome to the Revolution CLE.

In his own words:

"I listened to your Trial Guides presentation [Welcome to the Revolution].

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New! Moe Levine on Advocacy

New! Moe Levine on Advocacy

After over three years of work, Trial Guides is proud to announce the release of Moe Levine on Advocacy, the most comprehensive book ever released on Levine's lectures, trial transcripts and articles.

Moe Levine practiced in New York in the 1940s to early 1970s, trying over 2000 civil trials.  He was one of the first members of the Inner Circle of Advocates, and was close friends with Inner Circle founder Richard Grand.  He helped create the concept of "qualitative damages" while helping Grand re-frame one of his cases by taking a concept from the Bible and using it as a way to describe the client's loss. (The case is discussed in the book.)

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New! Reptile - Welcome to the Revolution CLE

New! Reptile - Welcome to the Revolution CLE

Since mid-2006, David Ball and three of America's top trial attorneys; Atlanta's Don Keenan, Kentucky's Gary Johnson, and Wyoming's Jim Fitzgerald; have been conducting a unique series of deep-research jury sessions across the country. The results have surpassed the team's most optimistic hopes, and will revolutionize the legal field's understanding of juror decision-making. They are working on a new book including this content tentatively called Reptile: Welcome to the Plaintiff's Revolution.  Without throwing out the tried-and-true David Ball on Damages methodology or any of a number of other effective approaches, the new methods transform even the worst of jurors into your allies. The playing field remains as steeply tilted as ever; but now the tilt is in our favor.

The results of the 2006-08 research mean that the long courtroom nightmare of "tort-reform" is finally ending. If you think this is an exaggeration, you have not yet learned the new approach.

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New David Ball CLE "Welcome to the Revolution"

New David Ball CLE "Welcome to the Revolution"

Trial Guides is proud to announce an upcoming David Ball CLE "Welcome to the Revolution" based on the upcoming book Reptile: Welcome to the Plaintiff's Revolution by Don Keenan and David Ball.  
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Rick Friedman's Winning Trial Strategies Video

Rick Friedman's Winning Trial Strategies Video

Winning Trial Strategies is Rick Friedman's only video on trial strategy. This DVD set covers practical implementation of his Rules of the Road technique, and how to use it from the pleading through discovery and trial. Next, he demonstrates his case polarization method from Polarizing the Case. Finally, he concludes with advice on how plaintiff lawyers should conduct themselves at trial. This video is packed with ideas you will want to review before every important case.
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Rick Friedman Take Back the Courtroom CLE Selling Out Soon!

Rick Friedman Take Back the Courtroom CLE Selling Out Soon!

Rick Friedman is the author of Trial Guides two best selling trial strategy texts: Rules of the Road (with Patrick Malone), and Polarizing the Case. At Take Back the Courtroom - X-treme Trial Makeover, Rick will present an intensive two-day seminar revealing the secrets of his trial verdicts. As trial strategist David Ball has noted "Any attorney who goes to trial without knowing this stuff should burn his or her bar card. [These] outcome-changing methods are truly that important."
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David Ball on Damages Listserv Legal Listserve Trial Guides List Server

Trial Guides Launches David Ball on Damages Forum

Trial Guides is proud to announce the "David Ball on Damages" Legal Forum. 

This forum will allow Trial Guides customers to interact with trial consultants David Ball, Debra Miller, and Artemis Malekpour, as well as other members to obtain insights on using the methods in David Ball on Damages.  

Also discussed are the new methods discussed in David Ball's recent "Welcome to the Revolution" webinars and his forthcoming book Reptile with Don Keenan.

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David Ball Focus Groups Video with Forms

David Ball Focus Groups Video with Forms

Trial Guides is proud to announce David Ball’s new Focus Groups DVD set.

David Ball and his partners Debra Miller and Artemis Malekpour explain and show you, step-by-step, how to set up, conduct, and analyze your own high quality focus jury research. Uniquely, they even provide clear instructions for how you can apply the focus jurors’ responses to your case. This will keep you from misinterpreting the results, and will help you maximize the value of the research even beyond what many jury consultants normally provide.

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New Webinar by Trial Strategist David Ball

New Webinar by Trial Strategist David Ball

Trial Consultant David Ball reveals cutting edge methods that improve upon the strategies in David Ball on Damages. The Welcome to the Revolution CLE based on the forthcoming book Reptile is a one-time only exclusive live webcast with David Ball in which he divulges new findings he has discovered in his research since Damages.  This research is the basis of his forthcoming book titled Reptile with trial lawyer Don Keenan, which will be distributed exclusively by Trial Guides.
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Trial Guides Releases David Ball "Welcome to the Revolution" Lecture on Audio CD

Trial Guides Releases David Ball "Welcome to the Revolution" Lecture on Audio CD

David Ball on Damages has been highly praised as one of the most informative, useful, and favorite texts by trial lawyers since its release in 2001. David Ball's research and work has changed the way trial lawyers seek out damages in the tort reform environment. Welcome to the Revolution is a recorded webcast with Dr. David Ball in which he divulges new findings he has discovered in his new research since Damages. This course brilliantly covers tort reform,
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David Ball Focus Groups

David Ball to release new Focus Groups video through Trial Guides

David Ball, Ph.D., the nation’s leading trial consultant, and author of David Ball on Damages, is nearing completion of a video for lawyers on how to do their own focus groups. The video, called Focus Groups: How to do Your Own Jury Research, will provide trial lawyers with up to date information on how to effectively use focus groups to refine your case and case themes.
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Books for lawyers on minor impact cases

David Ball on Handling Minor Impact Cases

While all of the national attention on From Good Hands to Boxing Gloves has focused on David Berardinelli's section on the McKinsey Documents, the new edition of the legal text contains Dr. Michael Freeman's chapters about the background and junk science used by insurers in minor impact cases, as well as information on dealing with defense biomechanists and accident reconstructionists.
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New AAJ CLE on Rules of the Road

New AAJ CLE on Rules of the Road

About The Rules of the Road CLE Program

This new seminar, based on the acclaimed book Rules of the Road: A Plaintiff Lawyer's Guide to Proving Liability by Rick Friedman and Patrick Malone, is essential for plaintiff lawyers who deal with insurance companies that routinely delay and deny meritorious claims.

Learn from one of the authors and trial lawyers who have applied the teachings in Rules of the Road as they share their secrets of trying complex cases to a jury--from the pleading through discovery and trial. This program will arm plaintiff lawyers with proven techniques to overcome the complexity, confusion and ambiguity that are the hallmark weapons of most defense strategies.

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David Ball's How to Do Your Own Focus Groups Comes to Trial Guides

David Ball's How to Do Your Own Focus Groups Comes to Trial Guides

Trial Guides is happy to announce a new distribution deal with NITA allowing us to bring several books by leading trial consultants David Ball and Eric Oliver to Trial Guides customers.

How to Do Your Own Focus Groups is easy-to-follow book, written by leading jury consultant and best-selling trial advocacy author David Ball.  The book shows you how to organize and direct your own focus groups from deciding what kind of focus group best fits your case, to selecting the focus-jurors, to analyzing your conclusions. The book is designed so that attorneys can easily start conducting their own focus groups and it also contains information about hiring trial consultants to run them for you.

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Lawyer Uses David Ball on Damages to Obtain $1.25 Million Verdict

Lawyer Uses David Ball on Damages to Obtain $1.25 Million Verdict

We recently received the following lawyer success story using the methods in David Ball on Damages.

"Sussex County is rural and is arguably one of the most conservative counties in N.J.. Last night at 6pm following an 8 day trial and a 3 hour deliberation, the Sussex County Jury returned a verdict of $1.25m! This represents one of the largest personal injury verdicts in county history and will be front page news tomorrow. Our client Jill Yucius (age 27) sustained an injury to her low back requiring fusion surgery and sustained an injury to her shoulder requiring arthroscopic surgery following an auto accident. The defense attorney had valued the case at less than $200,000...

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Customer Obtains Excess Verdict Using David Ball on Damages

Customer Obtains Excess Verdict Using David Ball on Damages

Trial Guides received the following customer success story from David Ball.

"I just wanted to follow up with you regarding the method described in your book, CDs and seminars on Damages. Thank you for your help.

When I went to the ATLA Damages College I had already read your book on Damages, and listened to your CD. I was comfortable with your method and was looking to refine my skills. The case I worked on at the ATLA Damages seminar was a dental malpractice case where an oral surgeon severed my client's lingual nerve while extracting a lower wisdom tooth, leaving half of his tongue permanently numb.

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Trial Guides Releases David Ball and Gary Johnson's Winning the Unwinnable Case

Trial Guides Releases David Ball and Gary Johnson's Winning the Unwinnable Case

Trial Guides is proud to release a new CD / DVD set featuring trial consultant David Ball and trial lawyer Gary C. Johnson titled Winning the Unwinnable Case.

From David Ball's intro to this disc set:

This DVD is about the inspiring story of how one of America's best trial attorneys, Kentucky's Gary C. Johnson, prevailed in a nearly impossible case. This discussion's original purpose was to help other attorneys see how to deal with some of the most common problems encountered in nearly every personal injury case. But, the discussion turned out to be more. One of the most inspiring stories behind a trial you have ever heard. You will find yourself playing this discussion over and over, before every difficult trial you ever face.

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David Ball on Damages 2nd Edition Audiobook

Trial Guides Releases David Ball on Damages on Audiobook CD Set

We are pleased to announce the release of David Ball on Damages in an Audiobook CD set.

When David Ball on Damages was first published in 2001, it changed the way attorneys seek damages. The audio CD set, also available as a book, provides step-by-step guidance for attorneys seeking money for their clients. Ball explains why jurors give, why they do not, and how to motivate them to do the former instead of the latter. He walks readers through voir dire, opening, Direct examination, and closing.  In each phase of the case this set provides practical, effective, and innovative methods for pursuing damages.

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Trial Guides Welcomes David Ball Ph.D.

Trial Guides Welcomes David Ball Ph.D.

Trial Guides is proud to announce a deal with David Ball, Ph.D., to bring his best selling text David Ball on Damages to Audio CD. Ball, the nation's top jury consultant and trial skills trainer, has already read the newly revised Damages text at a recording studio, and Trial Guides expects to have the 15 CD set available by September, 2006. It is the first of two CD series Trial Guides will release with David Ball this year.
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Rules of the Road First Edition Rick Friedman Patrick Malone Trial Guides

Trial Consultant David Ball reviews Rules of the Road

David Ball reviews Rules of the Road: If this book's methods do not significantly improve your courtroom results, then consider changing sides of the aisle because you must not have a plaintiff's bone in your body. Malone and Friedman take you step by step through trial preparation and trial itself to show you how to recast your cases in ways that even tort-'reformed' jurors will find hard to resist.
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Rules of the Road 1st Edition

Trial Guides Releases Rules of the Road

Lawyers Rick Friedman and Patrick Malone have written what we believe will become the definitive trial advocacy text on liability for plaintiff lawyers.  We may be biased, because we are the publishers.  But don’t take our word for it. Here is what leaders in the plaintiff bar are saying about Rules of the Road: A Plaintiff Lawyer's Guide to Proving Liability:
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