100 – David Ball – Damages Evolving: Practicing Law in an Ever-Changing World

What this episode covers

In this very special 100th episode of the Trial Lawyer Nation podcast, Michael has the legendary David Ball back on the show to discuss his soon-to-be-released book, Damages Evolving, written alongside https://triallawyernation.com/episode/09-artemis-malekpour/ (Artemis Malekpour) and Courtney and https://triallawyernation.com/episode/58-nick-rowley/ (Nick Rowley). “I’d shake the hand of any person who can keep this going for 100 episodes.” – David Ball Michael begins the episode by asking David what he means by “Damages Evolving.” David explains that it’s mostly what they’ve learned since the release of Damages 3. He was almost finished with his first draft right before Covid hit. After Covid, turmoil in Washington, George Floyd, and more, he knew the shifts on jury perception would be too large not to re-analyze before publishing. David continues by elaborating on why Nick and Courtney Rowley were involved in this book. He heard of Nick Rowley and the incredible verdicts he was getting all over the country and thought, how is he doing this? As Michael interjects that David and Nick have different methodologies, David says he feels they are more similar than most believe. And as he’s progressed in his career, he’s learned there’s no one way to do things. You need to find what works for you and run with it. “I’ve stopped saying ‘Courtney is Nick’s wife’ and started saying ‘Nick is Courtney’s husband.’” – David Ball Michael then digs into the meat of the book and asks David about the concept of alignment. David shares that the goal of alignment is to get jurors to start believing something important about your case. This aspect of your case doesn’t need to be the most important or most central part. This works because people tend to continue believing what they first start to believe, and if the next thing they hear re-enforces that belief, it’ll be even stronger. This repeats until you’re almost impervious to any jabs the defense attempts to make. “If you get the alignment in place, you start winning within the first 2-3 pages of your opening.” – David Ball David then shares how the concept of alignment can break through any preconceptions about attorneys being dishonest. The key is to never tell the jury what to think; it is vital that the jury decides for themselves what they think. He then shares a brilliant example of how to use alignment in a rear-end collision case, which is sure to solidify this concept in every listener’s head. After David shares that he doesn’t think he would be a good lawyer because he would get too frustrated with the judges, Michael shares some of the mindset work that he’s done to help with this and how being angry during the trial isn’t productive. David then recommends the book “https://www.trialguides.com/products/the-way-of-the-trial-lawyer?gclid=Cj0KCQiAmKiQBhClARIsAKtSj-l8b5ROZv0H3L05ZljpDbsF3AwNQ8S67BEbMgaO6FY-HMPoshcJX0EaAlt5EALw_wcB (The Way of the Trial Lawyer)” by Rick Friedman, which he admits he thought was just another self help book at first. It discusses ego, why you’re in trial, and the importance of empathy, which David also covers in “Damages Evolving.” Continuing on empathy, David emphasizes how important it is. Understanding where defense lawyers, jurors, and judges you don’t like are coming from can both make it easier on you mentally and create a bond with that person. This allows you to make decisions within their mindset, which is incredibly powerful. After a discussion about the many benefits of having a female trial partner, Michael picks David’s brain about the best ways to give developing lawyers experience in the courtroom. David has a few recommendations, including finding simple cases for them to try, splitting liability and damages,