Episode 36

David Ball - The Science of Winning: Insights on Trial Strategy

“If anything you do or think is more than a few steps removed from the jury, you're probably either wasting your time or hurting yourself.”

In this episode of Trial Lawyers University, Dan Ambrose is joined by David Ball, the nation’s foremost trial consultant and the author of the first major book on plaintiff’s damages, David Ball on Damages. David also co-pioneered the influential reptilian trial method and strategy.

Tune in as Dan and David discuss how the myths people believe about jurors can be a problem, how to know jurors “intimately” and predict what they will like, why “courtroom charisma” is unlike any other and can be a learned skill. David also reveals why juries are like audiences: as with audiences, anything you do that doesn't play to the jury, you might as well not do it.  

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☑️ David Ball | LinkedIn | Email | 212-808-3130

☑️ Malekpour & Ball

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☑️ Trial Lawyers University Website

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☑️ Additional resources mentioned: Theater Tips and Strategies for Jury Trials by David BallReptile: The 2009 Manual of the Plaintiff's Revolution | Damages Evolving by David Ball | Sean Claggett’s Jury Ball | Hostage to Hero podcast with Sari de la Motte.

Episode Snapshot

  • History of the reptile method, which is still in use today
  • David’s journey from directing theater, his time as a professor and administrator, to litigation consulting
  • The difference between trial consultants and attorneys
  • Why you don't want to miss David at TLU Vegas
  • How consulting influenced the use of focus groups by trial attorneys
  • Why a short trial can be a good thing
  • David’s new book: Damages Evolving

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