Damages Evolving (eBook)

David Ball, Artemis Malekpour, Courtney Rowley & Nicholas Rowley

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Also Available: Damages Evolving

In Damages Evolving, authors David Ball, Artemis Malekpour, Courtney Rowley, and Nicholas Rowley (along with contributors Dorothy Clay Sims, Aaron Broussard, and Pate Skene) do more than just share their latest strategies and insights for successfully trying cases on behalf of injured clients.

The authors demonstrate new ways to make your cases stronger, now, today, as well as tomorrow and the days to come. They go beyond templates and examples you can use to solve the problems in your cases and share their reasoning as to why their solutions work, so that you can take their solutions and tailor them to your needs. They offer strategies and frameworks robust enough to give you an edge against unforeseeable changes, and—more importantly—they show you how and when to adapt their lessons to best tackle future challenges.

This new book on damages includes:

  • New and tested methods from the authors, built on the latest research
  • Numerous in-depth examples and trial transcripts—from a range of cases—that show you how you can apply the authors’ lessons in cases both large and small
  • How you can help jurors become unified for justice
  • Ways to get jurors to care about and understand your case
  • How to teach jurors to value cases based on what truly matters
  • Why noneconomic damages, assets, and human stories must become the heart of your cases and trial strategy
  • How to better frame and value your clients’ cases through human stories
  • Why framing your case around economic damages is wrong and plays into the defense’s hands
  • Concepts, such as alignment and respect versus disrespect, that are based on fundamental human nature and do not change even as the world changes around us
  • How to weave the value of noneconomic damages together with jury instructions and expert and lay witnesses
  • How to deal with defense experts
  • Insights for successfully handling jury selection, opening statement, direct and cross-examination, and closing argument
  • Necessary updates for David Ball on Damages

As David Ball puts it, “Damages Evolving wants to keep you ahead of the curve as our world—and thus our jurors—undergo faster and more abrupt changes than we’ve ever seen. Trial lawyers must be armed and ready. Evolution, after all, is the survival of the fittest.”

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Paperback: 592 pages; 1st edition (2022); ISBN: 978-1-951962-16-6
Publisher: Trial Guides, LLC
Foreword by Rick Friedman
Acknowledgments
Do We Agree?
Introduction
1. Money Damages Equal Civil Justice
2. Earning Capacity Ain’t Past Earnings
3. What Good Will Money Do?
4. Where (and How) Does It Hurt?
5. Forgotten Damages
6. Calculating Fair-Trade Value
7. The Client Connection
8. The Client, Incorporated Within
9. Flashpoints, Empathy, and Brain Damage
10. Loss of Control = Loss of Freedom of Choice
11. Respect and Disrespect: Humiliation, Shame, and Damages
12. The Stress and Damage of Litigation
13. Helping Jurors Understand a Verdict
14. Alignment: Early Facts -> Early Wins
15. Extended Alignment
16. The Jury as Appraisers
17. Gravity and Duty: The Gravity of the Bad Act
18. Trust Issues
19. Money-Minimizing Motivations, Part 1: Look Within
20. Money-Minimizing Motivations, Part 2: Look Beyond
21. Fair and Impartial Jurors
22. Jury Selection and Opening Statement
23. Direct and Cross-Examination: Proving the Full Value of Noneconomic Damages
24. Experts, Cheating, and Damages, Part 1
25. Experts, Cheating, and Damages, Part 2: Sworn to Lie
26. Closing and Rebuttal: Less than Full Justice Is Injustice
27. Don’t Get Grounded by Economic Damages
28. The Practice of Kindness
Conclusion: Don’t Ask, Do Tell
Appendix A
Appendix B
Index
About the Authors

What Legal Leaders Are Saying

No one needs to be reminded how David Ball on Damages revolutionized the way plaintiffs’ lawyers approach their cases. This book is Damages on steroids. It will make anyone a better lawyer.

— Rick Friedman, author of The Way of the Trial Lawyer, coauthor of Rules of the Road, and member of the Inner Circle of Advocates