By Dr. Ken Broda Bahm: The pandemic has been a lesson in a lot of things, including the challenges of using persuasion to build common agreement. In some ways, the past few years serve as a social science laboratory that litigators can learn from. For example, believe it or not, early on there was an […]
Practice Moral Reframing Read More »
By Dr. Ken Broda Bahm: Chances are good you’ve heard about “ChatGPT” in the past week or two. Just speaking for myself, my newsfeed has included many articles, including some with ominous titles like, “Will ChatGPT Make Lawyers Obsolete? (Hint, Be Afraid).” If the topic is new to you, a quick definition is that ChatGPT is
Expect AI to Change the Nature of Legal Work…and Soon Read More »
By Dr. Ken Broda Bahm: Here’s a scenario that I’ve dealt with quite a bit recently. Counsel for plaintiff and defense both question a panel of prospective jurors, and in the process, we end up learning a good amount about the panelists’ experiences and views on the issues that might relate to the case. The
Catch Up in Voir Dire: Ten Questions to Ask when a New Face Suddenly Joins Your Panel Read More »
By Dr. Ken Broda Bahm: Defendants in civil cases are often plagued by the reality that the “should have,” “could have,” and “would have,” aspects of the reasonable care all exist in the realm of hindsight. The tendency to believe that negative consequences are more knowable and preventable when viewed through the lens of a
Debias on Hindsight Read More »
By Dr. Ken Broda Bahm: For anyone analyzing audiences and preparing persuasive messages, it helps to know about what is called “System 1” and “System 2” thinking. When we make decisions that are pretty quick and automatic, with little reflection, cognitive work, or even necessarily voluntary awareness, then we are using System 1. When we
Get Your Jurors to Take the Tougher Path Read More »
By Dr. Ken Broda Bahm: The last few years have seen a societal turn toward identifying and addressing systems that institutionalize discrimination based on race, gender, and other demographic traits. That attention is obviously a good thing. But one issue that has been caught up in that trend has been a call to eliminate the
Save the Strikes: ASTC’s Research-Based Case Against Prohibiting the Peremptories Read More »
By Dr. Ken Broda Bahm: When jurors are awarding damages in a civil case, the law looks at what they’re doing in a binary way: They are either compensating the plaintiff for what they have lost, or they are awarding additional amounts to set an example. In short, anything outside of “making the plaintiff whole”
Ask What Jurors Are Trying to Do with Damages Read More »
By Dr. Ken Broda Bahm: Our trial system is designed to restrict the factfinders’ information to that which is relevant, probative, and sound. When it comes to expert testimony, it is the responsibility of trial judge to ensure that the testimony has a reliable foundation. But in the case of science, particularly social science, that
Beware of Junk Science in Disguise Read More »
By Dr. Ken Broda Bahm: In the vast majority of my experiences with the legal system, attorneys and parties are painstakingly civil, as a rule. However, in my two most recent trials, there have been notable exceptions to this rule. In one case, opposing counsel, after making discovery a miserable process for both counsel and
Reconsider the ‘Rambo Style’ in the Courtroom Read More »
By Dr. Ken Broda Bahm: When the parties in litigation come together to talk about settlement, that might be seen as the “posturing phase.” Each side is trying to convey the strength and unassailability of their case, while predicting an inevitable victory in trial. Some of that might be considered the rational “puffery” that puts
Settle Your Case Honestly: Top 4 Ways to Make the Truth Work for You in Negotiations Read More »