Polarizing the Case: Exposing & Defeating the Malingering Myth

by Rick Friedman

Polarizing the Case, ranked #3 at Trial Guides, is hailed as 'the bible' for modern trial lawyers by Brian Panish. Following the success of Rules of the Road, Rick Friedman (with Patrick Malone) presents a new strategy to combat defense allegations of malingering or injury exaggeration in personal injury cases. The book, endorsed by a renowned lawyer, is divided into two parts, with the first focusing on the Polarizing method, crucial for cases where defendants suggest clients are faking or exaggerating symptoms. Defense witnesses may claim clients have 'somatoform' or 'somatization' disorders, or use dubious 'junk science' to mislead jurors. Friedman teaches lawyers not to fear these tactics and provides tactics to counter them.

Genres: Law

344 pages, Paperback

First published January 1, 2007

Reviews

[Joanna · Rating 3 out of 5]

This is a book for plaintiff-side trial attorneys. It's a trial practice book specifically about the idea that defense attorneys want to imply that an injured plaintiff is malingering (i.e., pretending their injuries are worse than they really are, milking it, etc.), but often don't want to come out and say that's what they think. The author recommends ways to force the defense to take a stand--are you calling the plaintiff a malingerer or not?

There were some helpful techniques here, and generally the idea of making sure that the defense has to take a stand on their story was helpful. Rick Friedman has written several helpful trial manuals and he uses some real transcripts to help make his points. Overall, worth the interlibrary loan to get a chance to review this one.