By Dr. Ken Broda Bahm: The fact that we ourselves are bracketed in time makes us want to see that span – a generation – as terribly important to who we are. Projecting that onto others as well, we tend to see people as products of their generation. That is the frame of mind that […]
Don’t Hate on Younger Jurors Read More »
By Dr. Ken Broda Bahm: So, you’re conducting a mock trial and eyeballing the participants as they check in. Gradually, it strikes you: Some seem to know the drill a little too well. Later in the day during deliberations and interviews, it is all the more clear: Some have the wide-eyed and uncertain look of
Don’t Ride with ‘Frequent Flyers’ in Your Mock Trial Research Read More »
By Dr. Ken Broda Bahm: I have a five-year-old daughter (stay with me, it’s relevant), and every night, just as she is going to bed, I tell her a story, creating each tale in impromptu fashion. I’ve been doing this for as long as she’s been able to understand what I’m saying (and probably a
When You Think “Story” Think “Structure” Read More »
By Dr. Ken Broda Bahm: Early rhetorical theory and the most modern advances in cognitive science are able to find a surprising amount of common ground. Particularly when we think of the persuasive demands on legal communicators, there is much that would be recommended both by the ancients, as well as by the most current
Persuade With Participation, Part Two: Learn from Modern Cognitive Science Read More »
By Dr. Ken Broda Bahm: This past Tuesday President Obama delivered the first State of the Union Address of his second term. It’s been traditional for the party on the other side to give a response, and in what is becoming a pattern, there was a response from both the Republican Party as well as
Check Your Alignment in Multi-Defendant Litigation Read More »
By Dr. Ken Broda Bahm: An attorney in our firm recently stopped me in the hall. “I’m giving a talk on how to persuade in court,” she said, “Anything I should emphasize?” Where to start, I thought, where to start? It is a broad question, as the topical range of posts in this blog can
Persuade With Participation, Part One: Learn from Early Rhetoric Read More »
By Dr. Ken Broda Bahm: This blog, like much of the internet, relies on RSS or “Really Simple Syndication.” For many of the photos that grace my posts, including this one, I also use the “Creative Commons” system of openly licensing content. The ideas for both RSS and Creative Commons licensing, as well as Reddit
Know the Costs of Plea-Based Justice Read More »
By Dr. Ken Broda Bahm: Formally, a legal case creates a situation calling for a factual judgment combined with a legal judgment. At a more basic level though, it calls for a moral judgment. It’s not necessarily the kind of morality we associate with religion or high philosophy, but the kind we apply practically in
Prime Your Jury for Moral Judgment Read More »
By Dr. Ken Broda Bahm: Here’s a “don’t do that” lesson. After calling his client and her husband “toothless cooties,” in what he thought was private communication, well-known Colorado plaintiffs’ attorney Chad Hemmat suffered a $2 million judgment (including $1.5 million in punitive damages) when the client took him to court over inadequate representation and,
Criticize Clients Carefully Read More »
By Dr. Ken Broda Bahm: The act of making choices makes us feel more powerful and more in control. Take the current debate on gun rights. Proponents of keeping firearms for self-defense are convinced that they’re safer because they’re armed. Statistically, however, having a gun in the house greatly increases the risk of violence through
Empower Through Choices Read More »