Doolittle & Waite Rulebook

Table of Contents

Table of Contents

• Introduction
• Number of Players
• Game Components
• Object of the Game
• Routine of Play
  • Phase One: THE DEAL
  • Phase Two: NEGOTIATION (first round)
  • Phase Three: DISCOVERY (first round)
  • Phase Four: NEGOTIATION (second round)
  • Phase Five: DISCOVERY (second round)
  • Phase Six: NEGOTIATION (third round)
  • Phase Seven: TRIAL
• Next Case
• Winning the Game
• Cards
  • I. CASE cards
  • II. DEFENDANT cards
  • III. PLAINTIFF cards

Introduction

DOOLITTLE & WAITE is the game of the great American lawsuit. In this fast-paced card game for two or more people, each player becomes a lawyer, who weighs the facts of the case, examines the law, watches out for hostile juries, and even occasionally deals with stubborn clients. In Doolittle & Waite, as in the real world of legal disputes, players deal head-on, negotiating, bluffing, and even threatening in an attempt to win the case before trial through that noblest of all legal institutions — the out of court settlement.

Number of Players

There are enough cards for up to 15 players — but 8 is a more practical limit.

Game Components

• Deck of 10 CASE cards
• Deck of 27 DEFENDANT cards
• Deck of 42 PLAINTIFF cards
• 3 dice
• 130 "Not Quite Legal Tender" bills
• 2 instruction cards

Object of the Game

Doolittle & Waite is a simple game, but it is unlike any game you have ever played before.

One player is chosen to be the lawyer defending a client being sued in a Case. This player will from now on simply be called the Defendant. The other players are all lawyers representing separate clients who are suing the Defendant; each of these players will from now on simply be called a Plaintiff.

The game is played in hands, called Cases. The goal of the Plaintiff in each Case is to get as much money from the Defendant as possible. This can be done by winning at TRIAL or by reaching an out of court settlement before TRIAL. The Defendant's goal is to pay out as little money as possible.

The game concludes when each player has been the Defendant at least once. The players then total all the money they have earned from out of court settlements and at TRIAL. The player with the most money wins the game.

Routine of Play

Each Case consists of up to seven Phases, as follows:

• Phase One: THE DEAL
• Phase Two: NEGOTIATION (first round)
• Phase Three: DISCOVERY (first round)
• Phase Four: NEGOTIATION (second round)
• Phase Five: DISCOVERY (second round)
• Phase Six: NEGOTIATION (third round)
• Phase Seven: TRIAL

Phase One: THE DEAL

Select one player to be the Defendant for the first Case. The remaining players are Plaintiffs. (Remember, the Plaintiffs are suing the Defendant.)

Each deck of cards is shuffled separately. One CASE card is dealt face up in the center of the table. The Merit number on this card represents the strength of the Plaintiffs' Case at the start — the higher the number, the stronger the Case against the Defendant. The Damages indicate the amount of money that can be won by a Plaintiff if the Case goes to TRIAL.

At TRIAL the Defendant will roll the 3 dice. If the total rolled is equal to or less than the Merit number, the Defendant loses and each Plaintiff in the TRIAL collects Damages. If the total of the 3 dice is greater than the Merit number, the Defendant wins and the Plaintiffs collect nothing. (See TRIAL.)

Two DEFENDANT cards are dealt face down in front of the Defendant, the second stacked on top of the first. Two PLAINTIFF cards are similarly dealt in front of each Plaintiff.

Each player examines his two cards, without changing their order. (The cards are largely self-explanatory, with the one exception being the LAW cards which can cause a Plaintiff to automatically lose at TRIAL. All of the cards are fully explained later in the rules.)

Phase Two: NEGOTIATION (first round)

Each ROUND OF NEGOTIATION provides the Defendant with an opportunity to settle the Case before TRIAL. By settling, he can eliminate the risk of losing at TRIAL and having to pay out the full amount of the Damages on the CASE card.

When negotiating, players must attempt to evaluate their chances of winning at TRIAL. The better their chances, the harder the bargain they can try to drive. Those Plaintiffs who do not agree to a settlement will proceed to TRIAL.

A. First Offer: The Defendant starts by making his first offer to settle the Case. The Defendant must always make the same offer to all Plaintiffs. Moving to the Defendant's left, each Plaintiff in turn, must either accept the Defendant's offer or demand a higher amount. This demand is called a counteroffer. If a Plaintiff accepts the Defendant's offer he takes the money from the bank and no longer participates in that Case.

Note that all payments, whether from out of court settlements or Damages won at TRIAL, are paid to the Plaintiff from the bank and not from the Defendant's money. (A player never gains nor loses money when he is the Defendant.)

EXAMPLE: The Merit is "9" and the Damages are "$800,000". The Defendant makes a first offer of $200,000. Plaintiff #1 accepts the Defendant's offer, but Plaintiff #2 and Plaintiff #3 refuse, with Plaintiff #2 demanding $400,000 and Plaintiff #3 demanding $600,000. Plaintiff #1 has settled and takes his $200,000 from the bank. Plaintiff #2 and Plaintiff #3 have counteroffered and wait for the Defendant to make his second offer.

B. Second Offer: The Defendant now makes a second offer. (Remember, the Defendant must always make the same offer to all Plaintiffs.) This offer indicates the Defendant's answer to the Plaintiffs' previous counteroffers. Those counteroffers — if any — that were equal to or less than the Defendant's new offer are automatically accepted. Those Plaintiffs take the amount of their counteroffers from the bank. The remaining Plaintiffs must now either accept the Defendant's second offer or make a counteroffer.

EXAMPLE: Continuing the example above, if the Defendant's second offer is $500,000, then Plaintiff #2's prior counteroffer of $400,000 is automatically accepted. Plaintiff #2 receives $400,000 from the bank. Plaintiff #3 refuses to accept the Defendant's latest offer, and instead increases his demand to $700,000.

C. Third Offer: The Defendant's third offer similarly indicates his answer to any Plaintiff's second counteroffer. The remaining Plaintiffs must now either accept or reject this offer; they do not make a counteroffer.

EXAMPLE: Continuing the example above, the Defendant, who is getting impatient with Plaintiff #3, returns to his original offer of $200,000. Plaintiff #3 refuses to settle for that amount. This concludes the FIRST ROUND OF NEGOTIATION.

Note that during a ROUND OF NEGOTIATION the Defendant may change his second and third offers either upwards or downwards from his first offer. Plaintiffs may similarly change their counteroffers.

The Defendant may elect to shorten this three-offer process by announcing at the start of his second — or even his first — offer that this is the final offer for that ROUND OF NEGOTIATION. In this case the Plaintiffs must either accept or reject the offer; they do not make counteroffers.

If, after the FIRST ROUND OF NEGOTIATION, there are Plaintiffs who have not settled with the Defendant, play proceeds to Phase Three.

Phase Three: DISCOVERY (first round)

(Discovery is a legal term for the process that allows each party in a lawsuit to gather information already known by the other side. In the game this is accomplished by revealing cards previously dealt.)

In the FIRST ROUND OF DISCOVERY all players (except Plaintiffs who have already settled) are dealt another card face down. This card is placed on top of the player's pile. After looking at his new card, each player removes the card from the bottom of his pile (the first card dealt) and places it face up.

Phase Four: NEGOTIATION (second round)

Same as the FIRST ROUND OF NEGOTIATION, except that Plaintiffs who have already settled do not participate.

Phase Five: DISCOVERY (second round)

Each remaining player now removes the bottom card from his pile (the second card dealt) and places it face up next to the card already exposed. No new cards are dealt.

Phase Six: NEGOTIATION (third round)

Same as the previous ROUNDS OF NEGOTIATION, except that this is the last chance to settle. Failure to reach an agreement here will lead to TRIAL.

Phase Seven: TRIAL

The Defendant and the remaining Plaintiffs turn their third card face up. In order, players look to the following to determine the outcome of TRIAL.

1. DEFENDANT AUTOMATICALLY LOSES: If the Defendant has a JURY card, all remaining Plaintiffs automatically win. Each receives from the bank the amount stated on the CASE card, plus or minus any adjustments caused by that individual Plaintiff's DAMAGES cards.

2. PLAINTIFF AUTOMATICALLY LOSES: If the Defendant does not have a JURY card, then any Plaintiff who has LAW cards totalling "Deduct 5" or greater automatically loses, unless the Defendant has positive LAW cards to bring the total back up to "Deduct 4" or less. (See Plaintiff's LAW cards below.) A losing Plaintiff collects no Damages.

3. ROLL OF THE DICE: In each instance in which neither the Defendant nor the Plaintiff automatically loses, the TRIAL is settled by a roll of the dice. To determine the outcome of TRIAL, each remaining Plaintiff must first adjust the Merit of his Case. He does this by taking the Merit number on the CASE card and adding to it, or deducting from it, the total of his FACT and LAW cards, plus or minus those of the Defendant. (Thus, each Plaintiff will have a separate "adjusted" Merit.)

The Defendant rolls the three dice once. If the total rolled is equal to or less than a Plaintiff's "adjusted" Merit, that Plaintiff wins and receives from the bank the amount of Damages stated on the CASE card, plus or minus any changes caused by the Plaintiff's DAMAGES cards. If the total rolled is greater than a Plaintiff's "adjusted" Merit, the Defendant wins and that Plaintiff collects nothing. (Note that two Plaintiffs can go to TRIAL in the same Case, and one may win while the other loses.)

EXAMPLE: The Defendant and three Plaintiffs go to TRIAL. The cards exposed are as follows:

CASE: Merit: 9; Damages: $800,000

DEFENDANT: FACT, Add 2; FACT, Add 2; LAW, Add 1

PLAINTIFF #1: Case Merit 9; Def. Merit +5; P #1 Merit -4; Adj. Merit 10. Cards: FACT, Add 1; LAW, Deduct 2; LAW, Deduct 3.

PLAINTIFF #2: Case Merit 9; Def. Merit +5; P #2 Merit 0; Adj. Merit 14. Cards: FACT, Deduct 2; FACT, Add 2; DAMAGES, Plus $400,000.

PLAINTIFF #3: Case Merit 9; Def. Merit +5; P #3 Merit -7; Adj. Merit 7. Cards: FACT, Deduct 1; LAW, Deduct 2; FACT, Deduct 4.

The Defendant rolls three dice. The total rolled equals "10".

The Outcome of TRIAL is as follows:

Plaintiff #1 wins $800,000 because the Defendant's dice roll ("10") is equal to the Plaintiff's "adjusted" Merit ("10"). Note that if the Defendant did not have a LAW card, Plaintiff #1 would have lost automatically because his LAW cards total "Deduct 5".

Plaintiff #2 wins $1,200,000 because the Defendant's dice roll ("10") is less than the Plaintiff's "adjusted" Merit ("14"). Note that Plaintiff #2 receives an extra $400,000 because of his DAMAGES card.

Plaintiff #3 loses and receives nothing because the Defendant's dice roll ("10") is greater than the Plaintiff's "adjusted" Merit ("7").

Next Case

The player to the left of the original Defendant becomes the Defendant for the next Case. All of the cards used in the prior Case are returned to their decks. The ROUTINE OF PLAY is then followed. Play continues until all players have been the Defendant once. (Players may agree to play for any longer period of time, provided that all players are the Defendant an equal number of times.)

Winning the Game

The game ends after each player has been the Defendant in one Case (or an agreed number of Cases). Players then count the money they have earned as Plaintiffs. The player with the most money is the winner.

Cards

I. CASE cards

MERIT (Range: 3 to 12) DAMAGES (Range $400,000 to $3,000,000)

Example CASE cards: Merit 4, Damages $2,400,000; Merit 12, Damages $400,000.

The Merit number reflects the basic strength of the Plaintiffs' Case — the higher the number, the stronger the Case for the Plaintiff. It can be adjusted by FACT cards and by LAW cards. (See FACT cards and LAW cards.) The Damages indicate the amount of money a Plaintiff can get for winning at TRIAL. It can be adjusted by DAMAGES cards. (See DAMAGES cards, below.)

II. DEFENDANT cards

There are three types: FACT, LAW, and JURY cards.

FACT (Range: Deduct 2 to Add 5)

Example card: FACT, Add 2.

(FACT cards represent information that is learned as the Case progresses.) Each FACT card increases or decreases the Merit number of the Case if it goes to TRIAL. Note that "Deduct" cards favor the Defendant while "Add" cards favor the Plaintiffs.

LAW (Range: Add 1 to Add 2)

Example card: LAW, Add 1.

(LAW cards represent the impact of various points of law uncovered as the Case progresses.) LAW cards increase the Merit number of the Case if it goes to TRIAL, in the same manner as FACT cards. In addition, the Defendant's LAW cards can offset the adverse effect of a Plaintiff's LAW cards. (See Plaintiff's LAW cards, below.)

JURY: Defendant Loses At TRIAL

Example card: JURY, Defendant Loses At Trial.

This is the worst card that the Defendant can be dealt. As soon as it is exposed the Defendant automatically loses at TRIAL, and all Plaintiffs who have not settled collect Damages. The Defendant, however, may still negotiate with the Plaintiffs before the JURY card is exposed.

III. PLAINTIFF cards

There are four types: FACT, LAW, CLIENT, and DAMAGES cards.

FACT (Range: Deduct 5 to Add 2)

Example card: FACT, Deduct 4.

A Plaintiff's FACT cards have the same effect as the Defendant's FACT cards, except that a Plaintiff's cards apply only to that individual Plaintiff. The effect of FACT cards is cumulative.

EXAMPLE: A Plaintiff has FACT cards of "Deduct 5" and "Add 1" while the Defendant has cards totalling "Add 2". That Plaintiff's Merit number for the Case is decreased by "2".

LAW (Range: Deduct 3 to Deduct 2)

Example card: LAW, Deduct 3.

A Plaintiff's LAW cards affect the Merit number of the Case for that Plaintiff. In addition, LAW cards are especially dangerous for the Plaintiff. If the Defendant does not have a JURY card, then a Plaintiff who has LAW cards totalling "Deduct 5" or greater automatically loses at TRIAL. (In short, the best facts in the world won't help a Plaintiff if the law is dead set against him.) However, if the Defendant has LAW cards, they can counteract the adverse effects of a Plaintiff's LAW cards.

EXAMPLE: A Plaintiff has LAW cards of "Deduct 3" and "Deduct 3" for a total of "Deduct 6". If the Defendant has an "Add 2" LAW card, the Plaintiff now has a total of LAW "Deduct 4" and is saved from an automatic loss at TRIAL.

CLIENT (Range: $150,000 to $250,000)

Example card: CLIENT, Demands At Least $150,000.

Client cards limit a Plaintiff's ability to negotiate. A Plaintiff may never accept, nor make a counteroffer for less than the amount demanded by his client. If a Plaintiff has conflicting CLIENT cards, the last one dealt controls.

DAMAGES (Range: Minus $400,000 to Plus $400,000)

Example card: DAMAGES, Minus $100,000.

(DAMAGES cards represent additional facts about injuries in the Case, which are immediately known by a Plaintiff, but only gradually learned by the Defendant.) If a Plaintiff wins at TRIAL, any DAMAGES cards he has will increase or decrease the amount of Damages called for on the CASE card, the effect being cumulative.

EXAMPLE: If a Plaintiff who wins at TRIAL has DAMAGES cards of "Plus $200,000" and "Minus $300,000", the cumulative effect is to reduce the Damages he collects by $100,000.