About the Course
Introduction
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.
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.
Presented By
Mr. Devine chairs the firm’s Municipal and Government Practice Group, as well as its General Litigation Practice Group. In three decades of client advocacy, he has taken more than 100 cases to verdict in federal and state courts around the country. Mr. Devine understands that plaintiff’s attorneys employ a strategy, from discovery to closing argument, of attacking the company as opposed to focusing on the accident. He represents owners and contractors in construction work site accidents, railroad accidents, and catastrophic injury cases with the knowledge that plaintiffs try to portray an “out of control” company and instill fear in the jurors. Mr. Devine applies this strategy to defend public and school transportation providers in municipal liability, product liability, and civil rights claims. He has extensive experience representing professionals in a wide swath of risk exposures. Mr. Devine has counseled professionals on ethical issues, represented lawyers in grievance issues, and litigated all types of professional liability claims to successful conclusion. Notably, he successfully represented the Port Authority of New York and New Jersey in the 1993 World Trade Center Bombing Cases – obtaining a favorable finding from New York’s highest court.
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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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, January 7, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Goals of voir dire
- Identifying "reptile" tactics during voir dire
- Identifying favorable and unfavorable biases
- Unalterable prejudice and rehabilitation
- Reptile issues in instructions and verdict forms
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?
