Using Decision Science to Write Your Demand Letters

Sean Gamble

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Learn from the lawyer Rick Friedman calls “the greatest demand writer” he knows.

A partner at Friedman Rubin Trial Lawyers, Sean Gamble specializes in traumatic brain injury cases and frequently works with lawyers across the country. Over the course of his career, he’s been involved in a range of cases from medical malpractice and nursing home neglect and abuse to insurance bad faith, toxic exposure, aviation law, and more.

In this video, Sean demonstrates how you can use decision science and compelling frames and language to increase the effectiveness of your demand letters. Sean covers a range of topics, including:

  • How the Defense Uses Emotions against Our Clients
  • Using Moral Foundations in Writing Your Demand Letters
  • Why You Need a Clear Moral Narrative in Your Demand Letters
  • Common Problems with Demand Letters
  • Using Statistics in Demand Letters to Demonstrate the Defendant’s Threat to the Community
  • The Practical Application of Moral Arguments in a Demand Letter
  • Using Moral Foundations to Show the Defendant’s Bad Conduct and the Plaintiff’s Good Conduct
  • Your Demand Letter May Be an Exhibit in a Future Bad Faith Case
  • How to Improve Client Outcomes by Using Moral Foundations
  • How Some Lawyers Obtain Larger Verdicts in Conservative Venues

Because most cases settle, the ability to write an effective demand letter is one of the most valuable skills a trial lawyer can have. This one-and-a-half hour presentation is filled with insights for any attorney who wants to take their ability to obtain just outcomes for their clients to the next level.


DVD: 109 minutes; 1st edition (2019); ISBN: 9781941007860
Publisher: Trial Guides, LLC

Using Decision Science to Write Your Demand Letters 

1 Introduction

2 The Defense is Weaponizing Social Science against Us

3 The Atlas of Emotions and Moral Foundations Theory

4 The Five Categories of Emotions

5 Fear

6 Sadness

7 Disgust

8 Anger

9 Enjoyment

10 Understanding How the Defense Uses Emotions against Our Clients

11 A Traditional Model of Morality versus Moral Foundations Theory

12 Creating “Tribes” 

13 Are We (the Adjustor, Jurors, and Yourself) All on the Same Side?

14 Common Moral Foundations 

15 Care/Harm Axis

16 Fairness/Cheating Axis

17 Liberty/Oppression Axis

18 Gerry Spence’s Use of the Betrayal Theme

19 Authority/Subversion Axis

20 Sanctity/Degradation Axis (Disgust and Contamination)

21 The Dominant Moral Foundations of Libertarians, Liberals, and Conservatives

22 Using Moral Foundations in Writing Your Demand Letters, Arbitration, and Trial

23 Dealing with Causation

24 You Need a Clear Moral Narrative in Your Demand Letters, ADR, and Trial

25 Common Problems with Demand Letters

26 Using Statistics in Demand Letters to Demonstrate the Defendant’s Threat to the Community

27 Using Plain English

28 Practical Application of Moral Arguments in a Demand Letter

29 Using Active Voice in Your Demand Letters

30 Cut Out Dumb or Useless Facts in Your Demands, ADR, and Trial

31 Choose Your Words Wisely

32 Using Moral Foundations to Show the Defendant’s Bad Conduct

33 Using Moral Foundations to Show the Plaintiff’s Good Conduct

34 The Demand May Be an Exhibit in a Future Bad Faith Case

35 Improving Client Outcomes by Using Moral Foundations

36 How the Use of Moral Foundations Impact the Adjustor and Jurors

37 How Some Lawyers Obtain Larger Verdicts in Conservative Venues

38 Case Study A: Premises Liability

39 Case Study B: Medical Malpractice

40 Case Study C: Product Liability, Wrongful Death, and Psychological Injury