By Dr. Ken Broda Bahm: I try not to be too self-referential in this blog, but this time around I have an illustration that’s a fitting parallel to the challenges of trial messaging. In the two years since we ramped up this blog and moved to our current twice-weekly schedule of posting on Monday and […]
Incubate in Order to Innovate Read More »
By Dr. Ken Broda Bahm: A classic case of pretrial publicity is currently playing out in Steubenville, Ohio. After members of the hacker’s group called “Anonymous,” posted a photo and video linking two high school football players to the rape of a teenage girl and pointing toward an official effort to limit the scope of
Account for the Media’s Effect (Even in Civil Cases) Read More »
By Dr. Ken Broda Bahm: It is common experience that jurors will often set aside expert testimony. Part of it, of course, is a “hired gun” effect that in some cases leads jurors to distrust experts based on the knowledge that they’ve been paid for their opinions by one side or the other. But over
First Expert Rule: Keep It Concrete Read More »
By Dr. Ken Broda Bahm: As the year winds to an end, all the attention is on the “fiscal cliff” and whether there will be a last-minute save or whether, when we “Ring in the New” on January 1st, we will be ringing in large tax increases and drastic cuts to Federal programs. As of
Don’t Create Your Own Cliff Read More »
By Dr. Ken Broda Bahm: Who leads and who follows? That question can be critical to understanding and adapting to your jury. The individual who sets the agenda, guides the discussion, and leads uncommitted or wavering jurors to a conclusion is obviously worth a closer look than those who take their cues from others. A
Spot Your Jury Leader Read More »
By Dr. Ken Broda Bahm: If you aren’t on Facebook, you may not have seen this before (and if you are, then you might see it, with different words, just about every day). The image and text above is called a “meme,” the “Condescending Wonka Meme” in this case. It’s a joke, of course, but
By Dr. Ken Broda Bahm: Over the past week, the phrase “beyond words” has been a common way of describing the nation’s reaction to the murder of 20 young children and six adults at Sandy Hook Elementary School in Connecticut. In a way, it is literally beyond words, because what dominates our thoughts is the
Use Mental Images to Sway Moral Judgment Read More »
By Dr. Ken Broda Bahm: Before a recent presentation, I was chatting with a Texas medical malpractice defense attorney when she shared the following: Plaintiffs’ lawyers have changed. They’re all talking about “safety” now, and that word is finding its way into every deposition: “What is the safe procedure?” or “What would’ve kept Mrs. Johnson
Respond to the Reptile Read More »
By Dr. Ken Broda Bahm: Take a look at the picture above. See the duck (looking to the left)? Now, see the rabbit (looking to the right)? Now try to see them both at the same time. If you’re like most people, you can’t. Instead of seeing an image that is simultaneously a duck and
Switch Between Analysis and Empathy (Because You Won’t Get Both at the Same Time) Read More »
By Dr. Ken Broda Bahm: There is a disconnect between awareness and reality when it comes to the level of information presented in complex civil litigation. On the one hand, experienced litigators know that jurors can only absorb so much, and will be deciding a case based on the peaks and not the nooks and
Beware of TMI: More Information Doesn’t Lead to Better Decisions Read More »