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(formerly the Persuasive Litigator blog)

Author name: ken.brodabahm

Save the Strikes: ASTC’s Research-Based Case Against Prohibiting the Peremptories

Bias, Uncategorized, Voir Dire / /

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 […]

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Ask What Jurors Are Trying to Do with Damages

Case Assessment, Damages, Uncategorized / /

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”

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Beware of Junk Science in Disguise

Adapting to Judges, Adapting to Jurors, Expert Witnesses, Uncategorized / /

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

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Settle Your Case Honestly: Top 4 Ways to Make the Truth Work for You in Negotiations

Case Assessment, Mediation / /

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

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Treat Anti-Corporatism as a Bipartisan Bias

Bias, Commercial Litigation / /

By Dr. Ken Broda Bahm: For many years, the reliable bet was that a deep distrust of corporations, and what we might call an anti-corporate bias in a litigation context, is a left-wing phenomenon. While conservatives might generally hew to the sentiment behind the adage that “What’s good for General Motors is good for America,” the

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Sequence Your Trial Story: Five Non-Linear Arcs that Change the Emphasis

Narrative / /

By Dr. Ken Broda Bahm: The mantra when persuading juries, judges, and really anyone is often “Keep it simple.” That is for a good reason, and often the simplest way to tell a story is to begin at the beginning and end at the end, working your way straight through the events in sequence. At the same

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Witnesses, Do Your Homework

Testifying Effectively, Uncategorized, Witness Preparation / /

By Dr. Ken Broda Bahm: Every witness preparing for testimony is going to prepare a little bit differently. Those helping with that prep need to adapt to the unique challenges presented by opposing counsel, the case characteristics, the witness’s role within the case, and the witness’s personality and communication habits. But there are inevitably some

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