Rules of the Road: A Plaintiff Lawyer’s Guide to Proving Liability

Taking on an insurance company in a lawsuit is extremely challenging for any lawyer—even the most experienced.

Rules of the Road is innovative, interesting, easy to understand and follow, and its logic is very compelling.

Rick Friedman and Patrick Malone have provided the readers with an invaluable tool.

Friedman and Malone have given trial lawyers a road map to success.

Two preeminent trial lawyers share their powerful insights and practical techniques.

The book is a combination of great advice on how to continue our education as trial lawyers, but also a good read.

Pat Malone and Rick Friedman’s book Rules of the Road benefits every trial lawyer whether they have been before the bar three years or thirty.

This book is a must read for aspiring as well as experienced trial lawyers.

Rick Friedman’s Rules of the Road is a practical masterpiece…

I recommend Rules of the Road to every serious trial attorney.

The second edition of Rules of the Road is among the most necessary trial advocacy books ever written. The first edition forever altered how we try cases. The second edition is even more important. Much here is new, and it’s essential.

This book presents a ground-breaking approach to proving liability in every type of case. It is my belief that every plaintiff’s lawyer should be familiar with the techniques outlined in this book.

David Glenn of Grapevine, Texas, and I used the Reptile and Rules techniques, along with our teachings from Gerry Spence at the Trial Lawyers College in a case in Hope, Arkansas, and two weeks ago got what we believe is the largest verdict ever against a single doctor defendant in a medical malpractice case in Arkansas, $5.223  million. This is not to say we were not lucky with an outstanding set of jurors, and a wonderful trial judge, but still, the bottom line is that this stuff really works.

I tried a medical malpractice case in January using the “Rules” method. I’ve followed this logic in most of my recent trials and it becomes more second nature each time. Interestingly, in my post trial juror interviews one of the jurors told us that they found for the plaintiff because we told them what the rules were and showed how they were violated, but the defense never even said what they thought the rules should be. That comment validated the approach for me even more. It was a no offer case that resulted in a 5 million verdict.

I recently tried a bad faith case here in Kentucky that was supposed to be a very conservative jurisdiction. The judge, as well as everyone else, warned me not to turn down the offer of $300,000. We did, and the verdict was $755,000 plus $195,000 to be added for attorneys fees. Not a big verdict for California, but very respectable for here. Two jurors approached me afterwards. One said she liked the organization that we demonstrated (We used a lot of “on the fly” powerpoint, and I had the Rules of the Road on two poster boards for their view at all times.) The other juror thanked me for bringing the case and pointing out what insurance companies are supposed to be doing. What a great feeling to receive such a compliment for your work. Every witness was hammered about the rules of the road. They all admitted the rules applied. They then looked very silly in opining that there was no bad faith. I spent a lot of time reading your book before the trial. I altered my approach because of the book, by emphasizing the “rules” which kept the focus on the defendant’s conduct. (I just purchased my second one for my expert witness in my next up-coming trial.) Thanks for writing the book and sharing your knowledge with the rest of us.

Last week I was able to put into practice much of what I have learned from your (Rick Friedman) books and lectures in a premise liability trial here in Indianapolis. The ‘rules’ approach worked flawlessly on liability as well as ‘polarizing’ techniques on damages (and liability to some extent). I won’t bore you with the details, but the result was phenomenal! The defense offered only $10,000 the week before trial (the client had just under $18,000 in meds). The jury returned a verdict of $275,000. Thank you so much for all you do. Please keep up the good work. Young trial lawyers like myself can learn so much from your insight.

The second edition explains in simple terms a winning strategy for framing rules from irrefutable principles. It’s an antidote to the defendant’s efforts to confound and confuse. A must-read for all plaintiff’s attorneys.

If you want to improve as a trial lawyer, read this book.

Rick Friedman and Pat Malone have listened to their avid readers and improved on what was already a must-read for the serious trial lawyer.

Malone and Friedman’s Rules of the Road is the most significant and practical contribution to advocacy and trial practice in several decades. The new edition is a mandatory read, hands down!

I have been trying cases for over thirty years and I have found it imperative to have Rules of the Road within easy reach when I go to trial. The new, expanded second edition simply takes what was a great primer and makes it better.

A must-have book for every trial lawyer just got even better. No trial lawyers should be without it.

Every time I read this book, I learn something new.