Episode 170 - Examination Techniques, Part 3: The Reptile Method
From 10,000 Depositions Later Podcast by Jim Garrity
April 9, 2026 · 20 min · Episode 170
About this episode
Jim Garrity explores the Reptile Method of examination techniques in legal contexts.
In this third installment of our series on examination techniques, Jim Garrity dives into the so-called Reptile Method, developed by jury consultant David Ball and plaintiff’s attorney Don Keenan, and explained in their 2009 book Reptile: The 2009 Manual of the Plaintiff’s Revolution. It's long been a controversial approach because, some say, it's a disguised version of Golden Rule arguments that are generally forbidden in most jurisdictions. But whether you’re on the plaintiff side looking to deploy it or the defense side looking to neutralize it, you need to understand how the three-stage sequence works, and where it’s vulnerable. SHOW NOTES https://columbialawreview.org/content/shadow-tort-law-lessons-from-the-reptile/ (Columbia University law review article on "The Reptile" method) https://lewisbrisbois.com/insights/clientalerts/the-reptile-theory-in-practice (defense firm blog on the Reptile Theory) https://imslegal.com/articles/reptile-brain-strategy-why-use-it-how-counter-it (jury consulting firm article on the Reptile Method)
People in this episode
Host: Jim Garrity
Topics covered
- examination techniques
- Reptile Method
- jury consulting
- plaintiff's attorney
- legal strategies
Keywords
- Reptile Method
- examination techniques
- jury consultant
- David Ball
- Don Keenan
- legal strategies
- plaintiff's revolution
Mentioned in this episode
Organizations: Columbia University, Lewis Brisbois, IMS Legal
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- Episode 172: Second-Order Knowledge Examinations · May 8, 2026 · 16 min
- Episode 171: Examination Techniques, Part 4 - The Reid Technique · April 24, 2026 · 14 min
- Episode 169: Examination Techniques, Part 2: Irving Younger's Ten Commandments of Cross-Examination · March 31, 2026 · 12 min
- Episode 168: Examination Techniques, Part 1: The Pozner-Dodd Technique · March 2, 2026 · 15 min
- Episode 167 - Schedule-Proofing Your Depositions: Drafting Notices with Multiple Backup Plans · February 8, 2026 · 13 min
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