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(formerly the Persuasive Litigator blog)

Author name: ken.brodabahm

Know the Power of a Cause Instruction: But for “But For,” Jurors Decide Differently

Adapting to Jurors, Comprehension / /

By Dr. Ken Broda Bahm: Once a judge begins to solemnly instruct the jury, some assumptions immediately kick in. We assume the jurors follow and are comprehending the sometimes fine distinctions in law that have been fought over in the weeks before trial. And we assume that, once understood, those instructions are effective in guiding […]

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Cover Your Tracks (When Sneaking a Peek at Your Jurors’ Social Media)

Social Media, Voir Dire / /

By Dr. Ken Broda Bahm: As more and more Americans are moving their lives onto social media, the legal world is adapting. Specifically, litigators are coming to realize what a world of information this opens up for voir dire, and to acknowledge as well the responsibilities it creates. The Bar of New York City, for

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Beware the Herding Instinct in Opinion Formation

Bias, Voir Dire / /

By Dr. Ken Broda Bahm: Whether we’re reading the news, shopping, or participating in social media, we are swimming in “likes” these days. Electronic journalism, online retail, and sharing sites like LinkedIn or Facebook all give users an unprecedented ability to participate, broadcasting their preferences with a click of a button or a comment. But

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Keep Boredom at Bay

Adapting to Jurors / /

By Dr. Ken Broda Bahm: “I have considered giving people popcorn,” U.S. District Judge Kathleen Forrest told lawyers in the SEC’s fraud case against Fabrice Tourre which headed to the jury yesterday. “I’m going to tell you what I think is obvious,” the judge told counsel three days into trial, “We’re losing some of the

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Hire Code-Switchers

Public Perception / /

By Dr. Ken Broda Bahm: Law firms and legal departments continue to lag behind when it comes to racial diversity. Based on several indicators, the legal profession is still among the least ethnically and racially diverse professions in the United States. Those who do the hiring in legal fields are well aware of this gap

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Know When to Pursue Witness Inconsistency and When to Let it Go

Testifying Effectively / /

By Dr. Ken Broda Bahm: If you’ve spent any time in civil courtrooms, you’ve seen it before. The witness in the box fudges an answer and says something that differs a bit from their deposition, and the solemn ritual of impeachment begins. With great fanfare, the official copy of the deposition is unsealed. Do you

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Respect Your Idols

Bias, Public Perception / /

By Dr. Ken Broda Bahm: The current cover of The Rolling Stone, usually reserved for the popular idols of our time, bears the face of Dzhokhar Tsarnaev, the Boston Marathon bombing suspect, complete with Hollywood good looks and a rock star sulk. That hasn’t gone over so well. The magazine is no stranger to controversy and expected

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Note the (Small) Difference a Female Jury Can Make

Comprehension, Construction Litigation / /

By Dr. Ken Broda Bahm: Over the weekend, the jury in the George Zimmerman case acquitted the neighborhood watchman in the fatal shooting of Trayvon Martin, evidently concluding that the prosecution failed to disprove the Defendant’s self-defense claim under Florida law. While there were numerous issues driving interest in this trial — racial profiling, concealed

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