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 »
By Dr. Ken Broda Bahm: The presidential contest is too close to call, but assuming we have a result by the end of the election day tomorrow, one thing is all but certain: Roughly half of the population will be shocked and appalled by the decision made by the only slightly larger other half of
Know the Limits of Political Empathy Read More »
By Dr. Ken Broda Bahm: Here is one belief I’m pretty sure about: Most of us tend to be pretty sure about our beliefs. As the waning campaign season has continued to demonstrate, we tend to select a chosen belief and stick to it rigorously, even in the face of contrary information. In our personal
Cut Through the “Stickiness” of Prior Beliefs Read More »
By Dr. Ken Broda Bahm: It is Halloween time again, and everyone who is a kid or young enough to party like a kid, is preparing their temporary identity for the night: a pirate, a witch, a vampire. This year, apparently, the trending looks are less traditional, including “Angry Birds” and costumes for this year’s angriest
Appeal to Your Juror’s “Temporary Identity” Read More »
By Dr. Ken Broda Bahm: “Were they even watching the same trial I was?” Lawyers will sometimes wonder, after talking with jurors or hearing a post-trial interview, how perceptions can be so different. At times, it can be hard to believe they’re reacting to the same set of facts. We witnessed this type of scenario
Account for Selective Perception: 2012 Presidential Debate Series, Part Four Read More »
By Dr. Ken Broda Bahm: Litigators are interested in public opinion because cases are played out on that stage. Attitudes about lawyers, about corporations, and about case-specific issues like consumer product responsibility, serve as an important backdrop and starting point for jurors’ opinions and reactions to a wide variety of civil cases. For that reason, trial
Know the Perils of Polls Read More »
By Dr. Ken Broda Bahm: Everyone loves a second act. In the buildup to the presidential debate on Tuesday, President Obama’s supporters were hoping for turnaround from what was widely described as a lackluster performance in the first debate: He needed to find his edge, fight harder, and call out his opponent Mitt Romney more
Be Assertive, Not Aggressive: 2012 Presidential Debate Series, Part Three Read More »
By Ken Broda Bahm: The buzz following Thursday’s vice presidential debate between Congressman Paul Ryan and Vice-President Joe Biden has been that it was a substantive and spirited debate — with an emphasis on spirited. Both candidates appeared to be quick to challenge and eager to engage. Both appeared to be glad to be there.
Be a Happy Warrior: 2012 Presidential Debate Series (Veep Edition), Part Two Read More »