It’s one of the oldest tactics in the plaintiff’s bag of tricks: trying to scare jurors with a “reptilian argument” which appeals to their primal instincts of safety and fear. By framing the case around absolute “community protection” and urging jurors to “send a strong message,” this approach, if permitted, can significantly sway a trial’s outcome. At Waranch & Brown, we recognize the potency of this tactic and are well-prepared to counter it effectively.
One of the ways we neutralize this tactic is by identifying and challenging inflammatory language used by opposing counsel during the course of discovery. We file pre-trial motions to limit and exclude such language, ensuring the trial remains focused on the facts rather than emotional manipulation. Furthermore, we rigorously prepare our witnesses for aggressive questioning, training them to maintain composure and respond appropriately to “reptilian” questioning. Finally, we are vigilant at trial in our efforts to prevent this tactic from being used at all.
Bottom Line: The reptile preys on emotions. By emphasizing a narrative grounded in facts and reason, we can strive to keep the jury’s attention on the evidence and stop the reptile argument in its tracks.
Choosing Waranch & Brown means selecting a team that understands and anticipates these challenges. Our proactive approach ensures that we can maintain fairness throughout trial, providing the strongest possible defense for your case. If you need help with a medical malpractice lawsuit, contact us today.