The Reptile Trial Strategy: Avoiding the Pitfalls of the Reptile
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When: Friday, April 20, 2018
10:00 AM - 12:15 PM CT
Where: UNO Thompson Center
6705 Dodge St
Omaha, Nebraska  68132
United States

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MCLE Accreditation
*Nebraska MCLE #155702 (Regular/Live credit), #155701 (Distance learning credit). 2 CLE hours.

Registration Fees
$130 - Regular Registration
$100 - NSBA dues-paying member (discounted price for NSBA dues-paying members)
Free - Law Students

The Reptile Brain Strategy was designed to achieve plaintiff verdicts and high damages. The theory is the human brain has three distinct components representing the stages of human evolution with the primitive and survival instincts governed by the reptilian brain. The Reptile Trial Strategy is used by plaintiff attorneys to manipulate jurors by triggering jurors’ survival instincts by conveying the defendant’s actions present a clear and immediate danger to the community, including the juror. The presentation will give lawyers an insight into juror decision making, themes and codes which trigger certain responses by jurors.

At the conclusion of this program, a trial lawyer will be able to:

  • Describe the basics behind the psychology of persuasion as it relates to the “reptile” part of the brain.
  • Recognize how triggering the reptile brain has become an increasingly popular trial tactic to, according to its proponents, lead to much larger jury verdicts.
  • Review case examples in which reptile strategy was used by the defense.
  • Discuss the marketing “codes” to trigger psychological responses which may be punitive or empathetic.
  • Identify strategies for triggering a reptilian response.
  • Identify defensive techniques to counter a reptilian response.

Robert S. Keith, II is with Engles Ketcham Olson & Keith, P.C. and focuses his practice on insurance defense, product liability, construction law and other areas of commercial and civil litigation. He received his Juris Doctor from the University of Nebraska College of Law.