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Reptile Theory and Estate Litigation

How can estate litigators use the reptile theory to their advantage? Given the unique nature of estate disputes, do estate litigators enjoy a subject-matter advantage when it comes to the reptile theory? First, a brief summary of what the reptile theory is: in 2009, authors David Ball and Don Keenan published a book titled, Reptile: The 2009 Manual of the Plaintiff’s Revolution, which has since become rather influential and much-debated. One attorney aptly summarized the reptile theory as follows: The Reptile theory asserts that you can prevail at trial by speaking to, and scaring, the primitive part of jurors’ brains, the …


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