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 »
By Dr. Ken Broda Bahm: Earlier this week at a mock trial, I witnessed a face-off between two jurors with very different views about the same insurance case: “The company wasn’t fair,” cried one, “to this day they haven’t stepped up to do the right thing.” But the other juror was unmoved: “The policy is
Pick the Right Frame Read More »
By Dr. Ken Broda Bahm: Those of us who work in the business of preparing for trial and going to trial are used to seeing the jury as a tool of dispute resolution. We’re less used to thinking about the jury’s broader political role. Apart from the speeches given by judges at the start of
Consider the Jury’s Political Role Read More »
By Dr. Ken Broda Bahm: Have you ever seen an argument get somewhat bitter or personal in an online forum or via electronic communication? That is a little like asking, “have you ever visited an online forum or used electronic communication?” When we’re safe behind keyboards, or to a lesser extent, on the telephone, arguments
Negotiate, Mediate (and Testify) Eye to Eye Read More »
By Dr. Ken Broda Bahm: One lasting lesson from the now-concluded presidential campaign is that it matters where you get your advice. The field of political consulting has long been populated by guru-like figures like Dick Morris. Relying on subjective indicators like the feeling and size of the crowds at rallies, as well as the
Know Whether You Need a Guru or a Scientist Read More »
By Dr. Ken Broda Bahm: It is one thing to know an act has a chance of resulting in harm, and it’s another to intend that harm to occur. Or is it? Consider the example of a company that is aware of a small risk of electric shock if repairs are done without powering off
Treat Knowledge as Intent Read More »
By Dr. Ken Broda Bahm: Justice may be blind, but hired experts can see pretty darned well in our litigation system. No, a responsible expert won’t lie in order to support their client. But yes, a knowledge of who the client is can’t help but have at least a subtle influence on the resulting testimony.
Consider a Blind Expert Witness Read More »
By Dr. Ken Broda Bahm: Sheep tend to placidly eat what’s in front of them. Wolves, on the other hand, hunt. Now, with that distinction in mind, think about how we now typically gather information. There may have once been a time when the average American came home from work, turned on the television, and
Treat Fact Finders as Information Wolves, Not Information Sheep Read More »
By Dr. Ken Broda Bahm: Emerging from the dust and debris of a long campaign, there is one man who can claim a clear victory and a solid mandate: Nate Silver. If you don’t know who Nate Silver is, you haven’t been paying attention to the polling running up to the presidential election. But if
Tune in to the Signal and Not the Noise in Pretrial Research Read More »