More importantly, we are still discussing the Reptile theory today because, in many cases, it has worked. Why? Because this unconventional, outside-the-box approach to corporate depositions has created a shift in the way plaintiffs’ lawyers take depositions. While these new methods may have been collectively saddled with a moniker that sounds like a title for a fifth grade science fair project, the Reptile theory is still being utilized today. #WARNING LABEL EXPERT DEPOSITION MANUAL#Since the publication of Reptile: The 2009 Manual of the Plaintiff’s Revolution some 10 years ago, we have seen an evolution of tactics and styles in the way depositions of company witnesses have been taken in personal injury litigation. We would all agree that such a result est bonum. While it certainly will not fit every situation, there are times when some of this approach can have a positive impact on the outcome of the case. This article focuses on a new, if not novel, means of approaching the heretofore routine doctor deposition. So what about us defense lawyers? Should we, as practitioners of one of the other learned professions, likewise move out of our comfort zones and embrace changing practices, thoughts or ideas? Of course we should, and while we have willingly and eagerly accepted the changes on the technology front, we have been less than zealous when it comes to adopting-or even considering-different litigation practices and techniques. In many cases, it has resulted in more efficient medicine with better outcomes for patients- ranging from curing or eliminating diseases (such as hepatitis C) to cutting inpatient hospital stays from weeks to days. Over the past 20 years, the advent of the internet and other technological innovations, coupled with novel approaches to assessing, diagnosing and treating patients, has led to a paradigm shift in the way many doctors practice medicine. Inherent in this phrase is the understanding that physicians, as part of their work, must stay up to date with the evolving practice of medicine. It means “first, do no harm” and is the ethical guiding principle in the medical profession. In the context of the practice of medicine, we are all very familiar with the Latin phrase primum est non nocere. This article originally appeared here in Vol.
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