Banks Law Office
Banks Law Office

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How to prove the other driver was at fault?

Interested in proving how the driver, hospital, manufacturer, or property owner, is responsible for your harm? How about empowering the jury to assess a full money verdict against the defendant?

Rules of the Road, Roadmap to a Winning System is a series of six videos about using the Rules of the Road method to win cases. In Roadmap to a Winning System, Rules of the Road co-author Patrick Malone, joined by guest speakers Mark Kosieradzki and psychodramist Louise Lipman, provides comprehensive tools that enable you to use to use the Rules of the Road method to strengthen the following aspects of your case: Initial case analysis, shaping and framing your argument, structuring and conveying your case’s story during trial, taking depositions and utilizing the power of 30(b)(6) depositions, cross-examination and dealing with adverse witnesses, preparing witnesses, using psychodrama to improve your case, discussing damages in closing, and bookending your case with an effective opening statement and closing argument.

Pat Malone also incorporates fundamentals developed over the years by David Ball, the Reptile (though not explicitly mentioned), reframing, and psychodrama. Mr. Malone will teach you how these concepts work together and supplement each other. The lecture by psychodramatist Louise Lipman, who teaches at Gerry Spence’s Trial Lawyers College, arguably has nothing to do with the Rules of the Road method. Nonetheless, the concepts of Doubling and Role Reversal you learn will strengthen witness testimony and allow you to become a more persuasive advocate for your clients. Not only are you taught these various methods, you are also shown how to execute them.

I favor learning from books over lectures, but reading about trial techniques can sometimes feel abstract, and I am left guessing how the concept works in real life. The most powerful benefit of learning from the videos is watching Pat Malone put the methods in to action. For example, he discusses cross examination in general: the purpose, the goals, and the problems with most cross examinations. Then he walks you through five “Witness Related Rules” to cross examine and slay any defense expert. Finally, he shows you how to apply the Rules of the Road method by performing a mock cross examination of a typical defense medical doctor, who answers questions how you would expect Dr. Bays, Dr. Ghidella, Dr. Blue, and the other usual suspects we encounter on a regular basis. Watching the practical application of the Rules of the Road methods aided in my understanding of the concepts and made them more digestible, leaving me with feelings that “I can do this!” and “I can’t wait to do this, this looks fun!” This momentum carried throughout the entire 7.8 hours of content. The methods are brilliant in their simplicity and have the power to transform difficult cases in to winnable cases that are fun to litigate and take to trial.

James Banks