We have written numerous posts about the popular Reptile tactic, which has taken the plaintiff’s bar by storm. Practitioners of the reptile method boast alarming success. Meanwhile, the defense bar has been scrambling to identify the best way to deal with the reptile. Motions in limine are filed to keep out the reptile. Witnesses are prepared extensively on the sound bite questions on which the plaintiff’s attorney will attempt to obtain agreement. Defense lawyers instruct witnesses not to answer and move for protective orders to seek judicial intervention to keep out the Reptile. Is it possible that the defense bar is going about it all wrong? Is there really anything to fear? I would propose that instead of fearing the reptile, the defense bar should consider harnessing it and using it to its advantage. In that end, I would propose the following two-step strategy:
(1) Don’t give them the sound bite;
(2) Harness the Reptile and use it to your advantage.
These two parts will be explored in additional detail in upcoming posts.