Rules of the Road: A Plaintiff Lawyer’s Guide to Proving Liability

Rick Friedman & Patrick Malone

Format: Paperback
Condition: New
Sale price$175.00

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 Trial Guides #1 bestselling book, is widely discussed in CLE lectures and legal Listservs by the country’s leading lawyers, and is taught in trial advocacy classes in numerous law schools. It is considered a "must-read” book for every plaintiff’s lawyer, and is heavily referenced by other leading advocacy texts including David Ball on Damages 3, and Reptile by David Ball and Don Keenan.

Rules of the Road ™ does not simply cover motor vehicle cases as the name may suggest. Instead, it teaches a systematic litigation method for use in legal cases, including product liability, medical malpractice, insurance bad faith, employment, commercial, wrongful death, trucking, premises liability, nursing home, environmental, and securities litigation, as well as many other areas of law.

In the second edition, the authors significantly revised this groundbreaking work. In addition to revisions throughout the book clarifying concepts in the first edition, Friedman and Malone 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 your case with motions in limine and during voir dire. They also include samples of rules from a variety of cases, such as 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 nationally prominent trial lawyers, and they teach you how to use these tools to win your own trials.

This title is part of the Rules of the Road™ series by Trial Guides™.

Do you want the eBook and print book? After you complete your purchase of the print book you will receive a coupon code via email to purchase the eBook for $20.

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Paperback: 352 pages; 2nd edition (2010); ISBN: 9781951962111
Publisher: Trial Guides, LLC
  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

What Legal Leaders Are Saying

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 author of Reptile and 365 Ways to Keep Kids Safe, and member of the Inner Circle of Advocates

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

— United Policyholders

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)

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

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

Two preeminent trial lawyers share their powerful insights and practical techniques.

— Michael Koskoff, member of the Inner Circle of Advocates, and listed in Best Lawyers in America

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

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

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 Best Lawyers in America

Rick Friedman’s Rules of the Road is a practical masterpiece…

— Mike Bidart, Shernoff Bidart

I recommend Rules of the Road to every serious trial attorney.

— Richard R. Kennedy, Lafayette, Louisiana, fellow of the American College of Trial Lawyer

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

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

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

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 and Hammer, PC

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

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

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

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

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

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

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

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

Every time I read this book, I learn something new.

— Karen Koehler, past president of the Washington State Association for Justice