BarbriSFCourseDetails
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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Personal Injury and Med Mal

Date & Time
  • event Date

    Tuesday, January 7, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00
CLE
ALL

This CLE course will guide defense counsel in techniques designed to recognize and counterbalance the plaintiff's "reptile" tactics when they occur during voir dire and jury selection as well as how to use jury selection to set the foundation for a successful result. The program will also discuss countering "reptile" issues that may arise with jury instructions and verdicts.

Faculty

Kathryn S. Whitlock
Attorney
McAngus Goudelock & Courie LLP

Ms. Whitlock has spent her entire career defending and counseling individuals and insurance companies in professional liability, products liability and premises liability matters. She represents those in the legal, insurance, real estate and education fields. Ms. Whitlock is highly-skilled in the courtroom and alternative dispute forum; she has tried over 100 cases to jury verdict, bench decision and final arbitrator award in state and federal courts. She has been recognized in her practice by The Best Lawyers in America© and Georgia Super Lawyers, and was named among America’s Top Lawyers by The American Law Society in 2018.

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Paul F. Devine
Of Counsel
Baker Sterchi Cowden & Rice LLC

Mr. Devine has thirty years’ experience in various types of litigation, in a career that has focused on insurance defense, asbestos, automotive warranty, personal injury, contract, labor, and real estate claims; counseling and advising national real estate companies regarding regulatory issues affecting real estate brokers and agents; and drafting contracts, deeds, wills and trusts. He has appeared in Missouri, Illinois, and the US District Courts in Eastern Missouri, Western Missouri, and Southern Illinois, as well as the Court of Appeals and the Supreme Court of the State of Missouri.

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Description

"Reptile theory" is a challenging and often discussed plaintiff's trial strategy. It subtly encourages jurors to envision themselves in the same situation as a plaintiff but with the power to "save" the plaintiff, themselves, and the community from future harm by awarding a large verdict. Plaintiff's counsel are taught techniques for identifying jurors who appear receptive to these ideas as well as how to exaggerate any biases of those who appear unreceptive to "reptile philosophy" and get them excused from the jury.

Defense counsel can equip themselves with skills and tools to recognize this as it happens and to take effective countermeasures. Counsel must be able to recognize favorable and unfavorable biases against their client and carefully try to get jurors excused who are most likely to issue a verdict based solely on their emotional response to the evidence.

Listen as our distinguished panel provides essential guidance to defense attorneys on navigating voir dire and jury selection and avoiding reptile tactics.

Outline

  1. Goals of voir dire
  2. Identifying "reptile" tactics during voir dire
  3. Identifying favorable and unfavorable biases
  4. Unalterable prejudice and rehabilitation
  5. Reptile issues in instructions and verdict forms

Benefits

The panel will review these and other key issues:

  • How can counsel educate potential jurors?
  • How can questions be phrased to make rehabilitation of negative jurors difficult?
  • How can the opposing party's strategy be ascertained from voir dire?