Damages Evolving

In this highly accessible book, these authors explain everything you need to know about damages. We have all struggled with the best way to present damages and this great read provides the key to success. Everything is covered from ‘what good with the money do’ to (my personal favorite) ‘kindness’ (thanks Artemis). It is as if these brilliant authors have analyzed why trial lawyers failed in their presentations of damages and have given us the magic answers. I never thought any book could top David Ball’s book on damages but this book is the magical twin of Damages 3. A must read for all trial lawyers that want to up their game on damages!

In their new book, Damages Evolving, David, Artemis, Nick, and Courtney prove there is no one way to prove damages. This book gives their individual and collaborative viewpoints on proving damages in an everchanging world. As times change, our ways of proving damages must change. These authors not only explain and teach more effective ways to prove damages today, they foresee what proving damages into the future will look like. Absolutely brilliant!

Damages Evolving provides innovative yet timeless insight into presenting all types of damages to a jury. It’s especially enlightening for those representing survivors of brain injury, which is uniquely difficult to communicate. This book reminds us why we do what we do, what we value, and how we convey that to a jury. I highly recommend adding this book to your arsenal.

This book is a rare treasure, in which Nick and Courtney do what David and Artemis teach and David and Artemis teach what Nick and Courtney do. What this book does differently is collect a vast array of tools, techniques, and different perspectives all in one place. Artemis brings the jurors’ perspective to the fore, David’s historical knowledge spans time and depth, while Nick and Courtney’s embodiment of the trial lawyers’ lens before and during trial jumps off each page. This book has been on my shelf for four weeks and I find myself reaching for it on a daily basis when editing opening statements, listing topics for witness examinations, drafting closing arguments, and reframing landmines, in addition to the moments when I simply need a nudge to get the creative juices going. This is the ultimate reference for plaintiffs’ trial attorneys and consultants, providing up-to-date strategies, storylines, and tried-and-true approaches for the unique challenges we face with today’s jurors.

This book is pure gold. David, Artemis, Courtney, and Nick synthesize the top trial strategies of our times, give credit where credit is due, and acknowledge there are differences and that is okay. They also weave in new turbo-charged methods that will help us teach jurors how to avoid the traps of tribalism and divisiveness and bring juries together to obtain justice for our clients.

Damages Evolving turns the adage ‘you can’t teach an old dog new tricks’ on its head. Damages Evolving is for every trial lawyer, experienced and novice, who wants to be the best and satisfy the only goal of trial—to get money for your client. As an ‘old dog’ who learned new tricks from ideas sparked by reading Damages Evolving, especially chapter 10, I say thanks to Artemis, Courtney, Nick, and David for sharing. I love that the sections stand alone, which allowed me to quickly find what was needed as I prepared for trial without having to read every preceding word.

This is a book for those of us who seek civil justice for our clients from a jury. Trials are not won using paint-by-number formulas but by critically thinking through the strategies for a particular case. David et al. set forth ideas, tactics, strategies, and philosophies that are meant to be considered, learned, and modified. This stuff rings true. Check for example jurors as appraisers and alignment (on steroids). Having tried cases for over 40 years, I could not put the book down.

Damages Evolving helps trial lawyers feel their way into the hearts of their clients’ damages stories and explores the moral value of assessing human damages so that juries can provide righteous justice. A must read.

Damages Evolving is an excellent addition to the research on litigation theory, particularly the chapters discussing building rapport with clients, presenting clients as exhibits (while protecting them from further harm), and respect and disrespect. David and Artemis continue to build on their well-developed empirical research on how best to communicate with juries, while Courtney and Nicholas demonstrate how they have deployed these strategies to secure record-breaking outcomes. This book is essential reading for trial lawyers committed to bearing witness to justice at the highest level.

Damages Evolving is an excellent, comprehensive book about proving damages at trial. It combines creative thought with very practical suggestions. Valuable insight is provided concerning deemphasizing economic damages, as well as the importance of the loss of mobility and the loss of the freedom to choose how we live our lives. Important innovations are offered, including what David Ball calls ‘flashpoints’ and ‘alignment.’ This book teaches numerous important trial lessons, such as our need to act with respect at all times in the courtroom. I highly recommend it for all trial lawyers, regardless of their level of experience.

For many years now, David Ball’s books on damages have been the authoritative text and mandatory reading for us trial lawyers. Now with the changing times, this new book is again required reading. With his coauthors sharing additional viewpoints, the reader will feel like being in the middle of a ‘trial advocacy critical thinking’ master class. We all owe Ball, Malekpour, and the Rowleys a big debt of gratitude for writing this book.

I find it hard to accept that Damages Evolving may be David Ball’s last, as he proclaims. . . . . [W]ith this extraordinary ‘last’ effort he brings the outstanding talents and vision of Artemis Malekpour, Courtney Rowley, and Nick Rowley. This will ensure the ‘evolution’ continues. Any trial lawyer, whether new to the pursuit of justice for the harms caused by others or a seasoned veteran will benefit enormously from Damages Evolving. Our gratitude to David for providing his brilliance for all of us in these pages and for bringing along with him such extraordinary talents.

If you want unlimited returns on an investment, buy Damages Evolving. It is the true heart and soul of how to achieve a full recovery for our clients. The combination of Nick, Courtney, David, and Artemis is pure genius.

Here, in one volume, you will find the collective experience and trial wisdom of an amazing team of experts outlining the steps for getting full-value damages in your cases. In clear, understandable language they outline strategies and concepts that they have proven by experience work. I highly recommend it.

Four great authors with hundreds of new ideas and ways of thinking about damages. Thank you, David, Artemis, Courtney, and Nick. Why has it taken so long for the four of you to write this book? So many great ideas about damages to steal—and all from one place. Damages Evolving helps us empower the jury to fight for justice for those who entrust their futures to us. Just doing that makes it worthwhile reading—and rereading. But Damages Evolving empowers us, too, to keep evolving and struggling against the dangerous complacency old habits.

These authors have written several comprehensive books on trials and jury science. I thought there would be very little left to say. But I was wrong. There are practical, creative, and easily adopted suggestions for every aspect of a trial from beginning to end. Trying cases is almost always a gamble, but you can significantly increase your odds of winning an adequate verdict for your clients by absorbing the advice in this excellent book. I have a been a trial lawyer for 55 years and I learned something new and useful in every single chapter. This is simply the best book I have ever read on how to win cases for injured people.

The collective wisdom of my friends David, Artemis, Courtney, and Nick is staggering, so I expected great things. Beyond the fantastic insights, what struck me was the courage on every page. It takes courage and conviction to pursue maximum justice. It is easier to teach strategies than to dare delve into those core elements. This book is like having a gathering of wizards join in an epic quest where right and wrong hang in the balance. For the sake of us all, please read this fabulous book.

For those of us who were raised with the belief that it was not polite to talk about money, this book is the perfect antidote. This dream team of trial consultants and trial lawyers shares wisdom learned over years working inside and outside the courtroom with focus groups. They raise, and help you answer, the hard questions that stand between you and a fair verdict. What good will the money do? How lost earning capacity and future potential is so much greater than a mere calculation of lost wages. How a verdict can result in justice. Whether you’ve struggled when asking for money or just need a new approach to damages, you need this brilliant book.

What a team: proven and experienced top-of-their game Artemis Malekpour and David Ball are joined by rising superstars Courtney and Nick Rowley, with one creative idea after another. And along the way, they encourage us to be brave, inventive, and bold. I never try a case without a re-read of Damages 3, and it is typically thoughtful of Ball to provide an Appendix A with a cut and paste set of updates for my dog-eared copy. But perhaps a waste of paper, David, as Damages Evolving is certain to replace it as my new go-to.

Since the publication of his seminal work, David Ball on Damages, David Ball’s teachings have been required reading for trial lawyers. In the last 20 years, I have never prepared for trial without consulting and re-reading Damages. With Damages Evolving, David has combined with his longtime colleague, Artemis Malekpour, and the incredible trial lawyers Nick and Courtney Rowley to move the needle even further. Damages Evolving belongs on the desk, not bookshelf, of every trial lawyer.