Episode 1 ·

Damages Evolving with David Ball, Artemis Malekpour, Nick and Courtney Rowley

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We are kicking off Season 2 of the Elawvate podcast with a bang! In our first episode, Ben and Rahul host four of the country’s most respected trial lawyers and trial consultants, to discuss their forthcoming book, Damages Evolving. Those familiar with David Ball’s foundational work, Damages, will learn how his ideas have evolved, shaped through his long-time partnership with Artemis Malekpour and new collaboration with Nick and Courtney Rowley. They discuss how trial strategies have evolved over the past two decades and continue to evolve today.

About David Ball

David Ball (Malekpour Ball Consulting) is the nation's most influential trial consultant. With partner Artemis Malekpour, he guides plaintiff's civil cases and criminal defense cases across the country. They are the nation's only trial consultants qualified to help attorneys with Reptilian methods and strategy, as well as with Ball's David Ball on Damages techniques and a wide range of other essential approaches. They have an unparalleled record in helping attorneys with every size and kind of case.

Dr. Ball is also a pioneer in adapting methods of film and theater for use in trial. His theater/film students hold Oscars, Obies, Tonys, and Emmys. His Theater Tips and Strategies for Jury Trials has been a bestseller for nearly two decades, and his Backwards and Forwards has been a foundation of theater and film training since 1984.

Dr. Ball wrote two of the bestselling trial strategy books ever published: David Ball on Damages and—with Reptile cofounder Don Keenan—Reptile: The 2009 Manual of the Plaintiff's Revolution.

Dr. Ball is an award-winning teacher for the North Carolina Advocates for Justice and the American Association for Justice's National College of Advocacy. He has also taught law students at North Carolina, Wake Forest, Pittsburgh, Minnesota, and Campbell law schools, and at Duke Law as a senior lecturer. He has long been the nation's most in-demand continuing legal education speaker.

About Artemis Malekpour

Artemis Malekpour is a partner in the litigation consulting firm of Malekpour & Ball Consulting. With a background in psychology and psychiatric research, she specializes in focus groups, case strategy, damages and jury selection. Artemis did her undergraduate work at the University of North Carolina at Chapel Hill, followed by a Master’s in Healthcare Administration from UNC’s School of Public Health. After several years of working in the Department of Psychiatry at UNC Hospitals, Artemis went on to earn a degree with honors from Duke Law. Artemis’ path to litigation consulting began while still in law school, working as an intern with David Ball and interviewing jurors post-trial in both civil and death penalty cases. This experience early on focused her on identifying what drives decision-making as well as the importance and skill of framing an arguments in re productive, simple, and persuasive ways. A member of the North Carolina State Bar, Artemis has consulted on a wide variety of cases across the country. Through years of conducting jury research, observing deliberations and moderating discussions, her particular expertise is identifying potential landminesand analyzing each case from the decision makers’ perspectives.

About Courtney Rowley

Courtney Rowley is a trial lawyer, mother of three, and the author of three books: Trial By Woman, Running with The Bulls, and Voir Dire and Opening Statement. After clerking at one of the top law firms in California with a position, she saw the writing on the wall which was and still is: women don’t have the same opportunities that men have and the likelihood of becoming a trial lawyer is so much less than that of a man who, in all reality, is half as good and has less experienced than the woman. So, she didn’t take the big high paying job with great benefits, a great salary and a brand new car, instead, she drove her parents’ junky prius up to Ventura and went out on her own. She started trying cases. Misdemeanors, felonies. And she started winning. After she was the youngest to be accepted to and attend Gerry Spence’s trial lawyer college she started trying civil cases and has won record verdicts throughout the country. She taught with the Spence college as a staff member for years.

She tries cases with her husband, but, if you ask Nick, he’ll tell you that a lot of the time it’s that he’s trying a case with HER. She’s overcome the adversity that women face in this profession through hard work and determination and she wrote a book about it and has formed a community and a listserve you should check out called Trial By Woman to widen the path for women and all lawyers who are looking to redesign the practice of law.

She is a co-founder of Trial By Human and lectures and teaches throughout the country.

About Nick Rowley

Nicholas Rowley has a history of service starting out serving in both the United States Air Force and United States Army. While in both branches he served as a medic committed to aiding and caring for his fellow service members. Nick lived the values of the military medic and the creed to “aid all those who are needful, paying no heed to my own desires and wants; treating friend, foe and stranger alike, placing their needs above my own.”

Accomplishing a bachelor’s degree in Psychology by the age of 19 while serving, he went on to get a law degree. Nick’s military service, time as a volunteer firefighter, and first legal experiences representing victims of medical negligence led to his continued drive to help others. While in law school and still serving in the military, Nick started his family. He is the proud father of 7 sons and 4 daughters.

Nick’s passion for learning evolved into a passion for teaching. Several books he has written and co-written have been authored and Nick had dedicated time teaching all over the country. Grounded in passion, hard work, and selfless service, he has given and continues to give back. His efforts have been recognized nationally and he was recently named the 2018 Trial Lawyer of the Year – one of the youngest attorneys to ever receive the recognition. Nick has extensive courtroom experience representing victims of serious injuries and medical malpractice, especially those who have suffered traumatic brain injuries, spinal injuries, and chronic pain. He also has represented countless health care providers during his career and advocates against meritless lawsuits.

Nick has served on several boards both inside and outside of the legal profession, including the Imagination Workshop, which is a non-profit theater arts organization committed to using the unique power of the theater to provide life-changing artistic opportunities to the mentally ill, homeless veterans, senior citizens, and ‘at-risk’ young people.

Nick is a relentless warrior who has succeeded and proven himself in the battles of litigation time and time again, however, he prides himself on his caring, empathetic approach to serving others in need. His passion includes being a voice for victims inside and outside of the courtroom while working on reforming laws that infringe on America’s fundamental civil rights.