For decades, certain trial lawyers, particularly those representing plaintiffs, have advised us to rely on the “reptile theory” to persuade jurors. This theory claims lawyers can best motivate jurors to vote a particular way on the verdict form by appealing to the primitive reptilian portion of the jurors’ brains, thereby eliciting fear, terror and anger sufficient to lead to a favorable verdict.

After more than 40 years as a trial lawyer, law school professor, and persuasion strategist on more than 1,000 cases and several hundred trials, I respectfully disagree. I find the reptile theory simplistic and lacking in its understanding of the nuances motivating human beings (as opposed to snakes) to act.

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