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David Ball on Damages, by Ball
Download PDF David Ball on Damages, by Ball
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On almost every page, David Ball on Damages 3 provides improvements and refinements based on the last five years' cases across the country and hundreds of hours of intensive juror and case research. "David Ball is damages; nobody does it better. His first two editions of David Ball on Damages overhauled the work of every good plaintiff's lawyer in America. David refuses to do new editions until he has enough new material to make a new edition necessary and worthwhile. So David Ball on Damages 3 transcends brilliant. He gives 'ball veterans' loads of new and explosive ammunition, and provides an easy learning curve for newcomers. We all have to archive the red one and dive into this white one." - Don Keenan, Atlanta
- Sales Rank: #927542 in Books
- Brand: Brand: NITA
- Published on: 2011
- Number of items: 1
- Binding: Paperback
- An enhanced, easy-to-follow outline guide for opening statements -- including a detailed annotated template to walk you through the best possible way to do an opening.
- Powerful new jury voir dire methods.
- Essential new "invisible control" cross-examination techniques.
- How to integrate Rules of the Road, Reptile, and David Ball on Damages into a single, powerful approach at every stage of preparation and trial.
Most helpful customer reviews
10 of 11 people found the following review helpful.
'Winning with simplicity, clarity and a plan'
By Russell A. Rohde MD
"David Ball on Damages 3" by David Ball, PhD, NITA, USA, Third Ed., 2011. ISBN 978-1-60156-154-1, PC 270/520 pages. 9 Chapters, 9 Appendices A-I, & Index 19 pgs., 26 blank pgs. for your notes.
A revised & updated 3rd. Edition with Foreword by Gary C. Johnson establishes author Ball, a former professional theatrical expert, as a valuable trial attorney advisor who has helped establish the best methods in trial advocacy and helped deal with evolving problems of tort reform. This edition incorporates an additional 5 years experience since 2nd Edition. Briefly, Ball has effectively re-written the roles of trial lawyers into an art form with much acclaimed success. This new 3rd. edition stands alone in integrating three "essential" legal treatises: "David Ball on Damages", "Rules of the Road", (Friedman & Malone), and "Reptile" (Ball & Keenan). Mastering these is no easy task, but success will likely follow.
The bridge of knowledge discussed in "Damages3" is awesome. Dissembled into nine chapters was helpful but still a challenge to condense the material into a synopsis of what is and what is not is problematical. Chapter 1, Fundamentals I-XVII, acquaints newbie's with "tort reform" messages & myths and how those may be overcome or thwarted. The basic key is to persistently discuss cases in terms of safety-rule violations as acts of negligence (not "accidents" or "inadvertent mistakes") that "needlessly endangered" the victim, and to which the defense must agree with those safety rules or appear dishonest and/or dangerous. The rules must prevent needless danger and derive from manuals, laws, regulations, policy guides, common sense, etc. If there are choices, then only the safest choice is permissible. Needless endangerment is always negligent, and by extension, every act of negligence is the result of a voluntary choice to violate a safety rule.
Damages, Economic and (Chapter 2) Non-economic, etc., are to fix, help and make up for that which cannot be fixed. Chapter 3, Harms and losses, etc. is a seemingly elusive subject desperately in need of your critical thinking that you will have to assimilate and master or or you will lose for your client. At the end of the day, the trial is all about money but that is not stated in your overt presentation to get the gold. You will use the magic words "More likely right than wrong" accompanied by precise hand language with palms up, conveying relative weights of evidence. Chapter 5 discusses importance and the craft of jury voir dire strategies. Your cloak-and-dagger methodology is to listen, ask open-ended questions and show respect to all. Concept of primacy is re-defined, as is avoiding premature advocacy where criticism of the defendant is provided before naming who is being sued.
Chapter 5 clarifies the "Opening Statement" where your role is to inform, not advocate, nor mention omissions (criticism) by the defendant, avoiding TMI (too much information) and fast forward to templates stating primary rules the defendant violated, alternative choices, harms & losses, consequences of injuries, and how the jury can provide remedy. Here theatrical perfected ness reigns and dictates the appropriate attire, presentation clarity, brevity, eye contact, etc. Chapter 6 on Direct Examination dwells on orchestration, - of presenting only essentials and re-statements of the negligence and needless endangerment rules. The final chapters amplify the above and suggest methodologies with proven record of accomplishment.
The nine voluminous Appendices include excepts and advisories on how jury presentations can be improved or totally neutralized by wrong choice of words, emphases, jargon, pressure of speech, or attitude. If one is acutely aware and adept at using sensible and understandable presentations that provide clarity in establishing negligence and can also speak persuasively about economic and non-economic damages that appeal to the jury's sense of doing the right thing, you will avoid the many treacherous pitfalls which give rise to unexpected verdicts. In many ways, trial lawyers who master these basics are like movie stars who have perfected their craft: you don't have to like them, but they are damn good at what they do.
finis
6 of 6 people found the following review helpful.
Excellent trial guide
By Mike C
Another excellent book by David Ball. I have tried over 125 jury trials and I still learn something every time I read this book. If you are doing plaintiff's work and have not read this book, you are committing malpractice.
Mike C
PS- Just tried my first case using the new tactics. Ended up with $667K on a $130K offer. This stuff really works.
4 of 4 people found the following review helpful.
Third Edition is well worth it because it deals with electronic technology issues
By Beatrice Izzey
This book is a real influence on anyone - about how people are thinking, how people do not / cannot be truthful or know what they really think.
It is expensive. I wish it cost $30. I wish it was available on Kindle so I would not have to lug a very heavy paperback around.
However, there is absolutely nothing like it.
The authors know this. That is why they self-publish and charge through the nose.
The $95 price on textbook.com for a paperback made my eyes pop out.
No one is selling it used, however, because it is a keeper.
Even if you are not a trial attorney, if you are interested in being seductive and attractive and popular, this is the one for you. It would help anyone who is bad at selling themselves.
Do not skimp and buy the cheaper old editions. The Third Edition is well worth it because it deals with electronic technology issues
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