By Dr. Ken Broda Bahm: As a response to the perception of escalating jury awards in medical cases, a number of states have turned to legislative caps on noneconomic damages or overall damages. At last count, that preference for legislative limits on verdict amounts applies to all but 15 states (Alabama, Arizona, Arkansas, Connecticut, Delaware,
Medical Defendants: Don’t Put All Your Faith in Caps Read More »
By Dr. Ken Broda Bahm: “End on a positive note,” the saying goes, and stated that way, it seems almost trite. Those who write books or direct movies, as well as those who try cases and deliver closings, know the power that lies in a great finish. But look into the psychological research and you
Careful With That Ending Read More »
By Dr. Ken Broda Bahm (Really): In the early years of the Persuasive Litigator blog, I used to receive friendly inquiries from time to time from people who were interested in writing the blog for me — blog ghostwriters. Lately, however, those messages from ‘the other side’ have tapered off, and it appears they now get
Beware the Ghostwritten Law Blog Read More »
By Dr. Ken Broda Bahm: The vast majority of jurors are conscientious and careful, and at least aim to be compliant with instructions. At the same time, there are a few examples in recent years that would seem to challenge that perception. For example, there is the widely reported story of the Miami mistrial in which fully
Play it Safe with Clear Instructions (Especially on Juror Social Media Use) Read More »
By Dr. Ken Broda Bahm: Do our good intentions save us from the bad impacts of our acts? This past spring, that question was addressed musically via the song, “Accidental Racist.” Pairing up country star Brad Paisley and rapper LL Cool J, the song centers on a dialogue between a Southern white man and an urban
See Intentions as Well as Impacts Read More »
By Dr. Ken Broda Bahm: In a recent piece in Forbes online, Roger Dooley tells his own story of a spectacular market research failure. His company was involved in metal sales and competed in a market with an overall price similarity. Thinking that their product had some quality advantages over the competition, the company wanted
Avoid Market Research Mistakes in Your Mock Trial Read More »
By Dr. Ken Broda Bahm: Litigators tend to implicitly believe that evidence can overcome attitudes and bias. Yes, it may be an uphill battle against a judge or juror’s hardened beliefs, but once they pay attention to the evidence, we will be able to change their minds, right? Even as we strike some, the faith
Expect Strong Beliefs to Cloud Analytical Ability Read More »
By Dr. Ken Broda Bahm: What do scholastic debaters do after they graduate? Based on my own social circle, they either teach others to be debaters, or they become litigators. It is by no means a universal prerequisite, but it is common enough that within any gathering of trial lawyers, at least some of them,
Know the Difference Between Debate and Trial Advocacy Read More »
By Dr. Ken Broda Bahm: When someone causes you some kind of harm, say they step on your foot, they’ll say “I’m sorry.” When you’ve experienced some kind of misfortune or loss, like a death in the family, people will again say, “I’m sorry.” In that latter example, they aren’t (we presume) admitting that they
Show You’re Sorry, Even When You’re Not at Fault Read More »
By Dr. Ken Broda Bahm: It is one of the most enshrined principles of human communication: The audience and the speaker should be locked in eye contact in order for the best persuasion to take place. Public speaking teachers give that advice to students and jury consultants give that advice to attorneys and witnesses: Look
Don’t Worry About the Jury’s Eye Contact (Worry About Your Own) Read More »