By Dr. Ken Broda Bahm In the week since actor and director Clint Eastwood made a surprise appearance at the Republican National Convention, his speech has become infamous. The chosen rhetorical device of engaging in a dialogue with an imaginary Barack Obama, represented by an empty chair, has spawned countless internet memes and has even […]
Note the Challenges of an Empty Chair Read More »
By Dr. Ken Broda Bahm: Even good science can sometimes be a tough sell in the court of public opinion. Take, for example, the moment in Republican Presidential nominee Mitt Romney’s acceptance speech last week where he mocked the President’s concern over rising sea levels. The crowd of delegates in Tampa cheered wildly, though the
Teach the Difference Between Science and Junk Read More »
By Dr. Ken Broda Bahm: Big win for Apple. In a dramatic conclusion to the company’s lawsuit against rival pad and smartphone maker Samsung, the Cupertino powerhouse convinced a federal jury that a majority of Samsung’s smartphones and tablets infringe on valid Apple patents, in many cases willfully, and received an unprecedented $1.05 billion award.
Take a Schematic Approach to Jury Instructions Read More »
By Dr. Ken Broda Bahm Imagine two scenarios involving figure skaters just before a competition. In the first scenario, one skater, perhaps a sneakier version of Tanya Harding, loosens some of the screws on the bottom of another contestant’s skate causing her opponent to fall and delivering the victory to the saboteur. In the second
Clothe Responsibility in Action, Not Inaction Read More »
By Dr. Ken Broda Bahm: If you recognize the word “truthiness” then chances are, you are a fan of Comedy Central’s mock news commentator Steven Colbert. If not, the neologism is something Colbert coined in his first show in 2005, and “truthiness is what you want the facts to be, as opposed to what
Keep an Eye on Your “Truthiness” Read More »
By Dr. Ken Broda Bahm: Matthew Salzwedel in Lawyerist recently wrote about ethos, pathos, and logos in legal writing. In case you’re trying to remember that early college course in philosophy or public speaking, let me remind you of Aristotle’s famous trilogy: Ethos relates to your credibility, pathos lies in your ability to appeal to emotions,
Ethos, Pathos, and Logos: Use All Three in Your Legal Writing and Oral Argument Read More »
By Dr. Ken Broda Bahm: Think beyond the stereotypes. That is what you’re used to hearing (and I’m used to saying) about jury selection. But that same need to subvert the stereotypes applies not just to picking panelists, but to persuading as an attorney or an expert witness as well. In each of these situations,
Subvert Stereotypes: Free the Attorney, the Expert, and the Juror Read More »
By Dr. Ken Broda Bahm: Imagine this messaging challenge: Your case isn’t a personal injury case, where there is a discrete moment you’re asking jurors to evaluate. Instead, it is a commercial case, where there is a profusion of details, memos, and meetings, each like individual flakes in a snowstorm. In order to make it
Make Events Meaningful by Inviting Counterfactuals Read More »
By Dr. Ken Broda Bahm: The point is easy to grasp but hard to put into practice for both politicians and litigators: If something is likely to come out eventually, then you’re far better off skipping the chase, avoiding the drama, and just getting it out. And a close corollary of the principle is this: If
Bad Stuff? Get It Out And Get It Over With Read More »
By Dr. Ken Broda Bahm: Once again, we’re shocked and saddened. Early Friday morning, another sociopath with access to military-level firepower opened fire on movie theater patrons during a midnight premiere of the latest Batman film in Aurora, Colorado, injuring more than 50 and killing 12. This follows a long list of the previous times that
Don’t Let Concern Substitute For Action Read More »