Reptile and Deposition Strategies

Reverse the Reptile™.  In our battle to avoid nuclear verdicts, we have launched a program and practice group dedicated to Reptile and Deposition Strategies.  It is no mistake that nuclear verdicts are on the rise. The plaintiff’s bar continues to perfect the Reptile approach in developing their cases, with the idea that jurors are more likely to award substantial damages if they can be angered or emotionally charged during deliberations. The Reptile Theory is a neuropsychological strategy used by plaintiff attorneys to win large awards, even when the facts of the case don't merit large damages.  A reptile attack is a neurocognitive attack on the witness during testimony.   Legislatures and Courts have not done enough to curtail these tactics, which are essentially "back door" Golden Rule Violations.  The impact on businesses and the industry is devastating.  Television advertising alone in the U.S. is estimated to have exceeded $1.2 billion dollars.  The reptile phenomenon has become even more dangerous and continues to manifest itself in larger awards.   Our Reptile and Deposition Strategies Practice Group is dedicated to assisting the assigned handling attorney with deposition and trial preparation of key employees and corporate representatives.  Our goal is to try to identify these risks early and help our clients navigate and mitigate attacks.  Our practice group offers services that include a 1, 2 or 3-session preparation for deposition or trial testimony with the assigned attorney. 

1. Early Identification of Reptile Risk. Dan Santaniello heads up the large exposure early risk assessment through rapid response and pre-suit investigation and evaluation strategies. He is available to do this on cases anywhere in the 48 contiguous states.

2. Deposition and Testimony Awareness of Reptile Strategies. Robin Jackson-Bernhardt and others lead the team 1, 2 or 3-session prep (see below) to help witnesses navigate Reptilian attacks. Janine Menendez-Aponte heads up the firm’s training of our attorneys in this area.  

3. Reverse Reptile Trial Strategies.  Each case set for trial gets a complimentary roundtable with Dan Santaniello, Janine Menendez-Aponte and the trial team.  We analyze exposure and implement reverse reptile trial and jury selection strategies.

Meet the Team

Dan Santaniello, Esq., oversees the Practice Group. With more than 3 decades of trial experience, over a 100 jury trials, many on 7 and 8-figure exposures, Dan and his team are the perfect Reptilian Cross Examiner for a 2-Session prep strategy.  Dan also roundtables each case set for trial with an idea toward analyzing, neutralizing and implementing reverse Reptile strategies for trial.  

Robin Jackson-Bernhardt, Esq., has a bachelor's degree in psychology from University of Arkansas at Little Rock and a master's degree in clinical psychology from Troy University.  Robin has tried over 20 jury trials to verdict and 10 bench trials. Prior to joining the firm, Robin was in-house counsel for a national insurance company. Prior to practicing law, Robin was a clinical mental health therapist. Robin specialized in forensics psychology and cognitive behavioral psychology.  She has multiple certifications including forensic psychology, trauma and cognitive behavior.  Robin’s background in psychology provides a unique perspective on this team. Robin began her legal career as an Assisted Public Defender for the 9th Judicial Circuit, in Orange County. Robin was initially hired as a Mental Health Attorney and then transitioned to a trial attorney. As a Mental Health Attorney, Robin specialized in competency matters for juveniles, Baker Act defense, and Ryce Act defense. 

Janine Menendez-Aponte, Esq., is a former staff counsel trial lawyer with Allstate.  Janine oversees the firm’s Strategic Training program. All our lawyers receive training in reptile risk mitigation and this practice area.  Janine also moderates the pre-trial roundtables. 

Deposition and Trial Preparation

Plaintiff Counsel are perfecting the Reptile attack, and it is resulting in deposition concessions and sound bites that emotionally charge jurors to make verdict decisions based on anger and emotions.  The best way to prevent a hijack of your witness is to outline the tactic so they are not caught off guard when the Reptile strategies are employed.  The witness’ confidence is crucial in answering the Reptile questions and Plaintiff counsel will intimidate even the most experienced professionals.  Our dedicated practice group is designed to give witnesses and employee reps the tools needed to counter reptile tactics. It will prepare the witness for hijack, so they recognize the tactics and see it when it is coming.   Our team will cover the tactics and retrain witnesses on how to think about questions and how they might approach the answers. 

What is a Reptile Attack?  

It is a neurocognitive attack on a witness during deposition, but also at trial, when a cross examiner is manipulating a witness to try to get them to agree to, essentially, the reptile theory of questioning.  This is essentially an absolute agreement to very general questions, which we call safety rule questions or danger rule questions. The attack involves getting the witness to agree to general safety, rules and danger principles that are intended to protect the public, and then using those concessions to anchor and force the witness concede that aspects of safety rules that were not, or could have been followed better, endangered the public.  These tactics unfairly generate confusing or inconsistent answers, or concessionary soundbites that are used to mislead a jury and take a witness' testimony out of context.     

Training Options  

1-Session:   Our dedicated team will get witnesses comfortable with testifying.  We will go over the facts and ensure the witness is familiar with the issues.  This session will prepare witnesses on how to recognize and react to reptile tactics. 

2-Sessions:   This includes the first session.  The second session will involve cross-examination and interrogation so the witness can be better prepared not to allow an adversarial attorney to bully the witness or obtain soundbites and concessions that can mislead a jury and take testimony or words out of context.  The witness will be cross-examined “reptilian” style and become more comfortable with their role and how to handle a hostile environment.     

3-Sessions:  Complicated cases may require a third session with the witness.  We will go over body language, cognitive fatigue, anxiety and a comprehensive review of session 2.     

Reptile-Lite is an add-on mini session for situations where the handling attorney plans to prep their own witness but wants the Reptile Team to prep their witness only on Reptilian questions. This prep is two hours and should be added on only on the last day of the handling attorney’s prep with their witness.

 In summary, our dedicated team is prepared to even the playing field on these tactics.  For further information on this practice group and options, please contact Dan, Robin or Janine.