News — Patrick Malone

Breaking Tradition

Breaking Tradition

By Charles W. Day Originally published in the February 2017 issue of Trial Magazine. A great sculptor must be an artist, not a mere stonecutter. And a great trial lawyer must be a storyteller, not a mere inquisitor. The traditional view of cross-examination is that attorneys should limit themselves to leading questions to expose contradictions—and then wait until closing argument to lay them bare. In The Fearless Cross-Examiner, Patrick Malone breathes new life into cross-examination. He does not confine himself to leading questions. He does not ask only questions to which he knows the answer. He does not wait until...

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$1.7 Million Verdict on A Zero Offer Case

$1.7 Million Verdict on A Zero Offer Case

Trial Guides congratulates Minnesota attorney Joe Crosby for his recent $1.7 million verdict in a no offer medical malpractice case. Crosby and Liz Fors, his paralegal who co-chaired the trial with him, spent six years fighting against a defense that repeatedly claimed they would never make an offer. Crosby’s client was permanently paralyzed on the right side of his face during what should have been the routine removal of a small benign tumor. Trial Guides asked Crosby if he gained any insights from this case that might help other lawyers. Crosby was kind enough to share some of the story, including...

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$9 million verdict using Rules of the Road

The Rules of the Road technique proved itself again last week in a trial in Roanoke, Virginia. After only four hours of deliberation at the end of a two-week trial, a jury that included a health care provider (a cardiac catheter lab technologist) returned a verdict of a combined $9 million for a brain-injured baby and the child's mother against two obstetricians and their practice group. Lead counsel for the plaintiffs was Rules of the Road coauthor Patrick Malone, ably helped by Jeff Krasnow of Roanoke. Malone and Krasnow faced a case that the defense contended was far too complex...

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