By Dr. Ken Broda Bahm – When the Casey Anthony jury moves to the deliberation phase in the near future, it is possible to imagine one of two scenarios for how those deliberations discussions will start: Scenario One: Okay, who here feels that she is guilty? Let’s just go around the table… Scenario Two: Okay, let’s start […]
Determine Whether Your Jurors Are Driven by Process or by Verdict Read More »
By Dr. Ken Broda Bahm – We all remember Aesop’s fable of the happy-go-lucky grasshopper who played away the summer while the ants worked industriously. When winter came, and the hungry grasshopper ended up at the ant’s door, the moral of the story became clear: entitlement, the feeling that the world owes you a living,
Spot the Jurors Who Feel Entitled to Award Higher Damages Read More »
By Dr. Ken Broda Bahm – Attorneys, consultants, and experts know testimony needs to be delivered with more than just clarity and authority. It needs confidence. Jurors and judges alike are more comfortable with an expert’s testimony when it is delivered with self-assurance and conveyed with certainty. But according to research sponsored by The American
Experts: Don’t Cross The Line Between Confidence and Arrogance Read More »
By Dr. Ken Broda Bahm – Last month, Uniloc USA lost a multiyear battle against Microsoft to preserve a $388 million jury award against the software giant, and will now be retrying the patent infringement case on damages alone. One thing Uniloc has in its corner for retrial is a compelling invention story: a plucky Australian inventor working since the early
Tell Your Patent Invention Story In a Way That is Worth Copyrighting Read More »
By Dr. Ken Broda Bahm – So, let’s say you are BP, and after the Deepwater Horizon spill you are facing several thousand claims in the courtroom. You are potentially more worried by one big claim in the court of public opinion: you’re seen as a bad actor. That perception certainly has less to do with any causal analysis of the failure of
By: Dr. Ken Broda Bahm – Never heard of “Alpha” and “Omega” strategies for persuasion? Until recently, neither had I. But after reading the research, it has changed my way of looking at persuasion. The terms are based on something called the “approach-avoidance” model (Knowles & Linn, 2004), suggesting that to an audience, every position you
Persuade Using Both Alpha and Omega Strategies Read More »
By: Dr. Ken Broda Bahm – When I heard that the world would be ending on May 21, 2011, I knew that I would be set either way: If the world didn’t end, I would have a good blog topic, and if it did, well then, no more worrying about blog topics. So, here we are,
Be Relatively Cautious With Absolutist Jurors Read More »
By: Dr. Ken Broda Bahm – You may not have heard the phrase “filter bubble,” but it refers to an internet phenomena, as well as to some basic psychology on how we receive and process information. More fully explained in the video clip below, Eli Pariser coined the phrase to refer to the individual separation (that is the ‘bubble’
Beware of the Jury’s “Filter Bubble” Read More »
By: Dr. Ken Broda Bahm – It is now a truism that effective opening statements tell a story. Now that it is, once again, Blagojevic trial season in Chicago, prosecutors are telling a story of a desperate politician’s attempt to wring personal fortune out of political opportunity, as the defense waits to tell a competing story of an overzealous
Your Opening: Tell It Like a Story, but Tailor It Like a Strategy Read More »
By: Dr. Ken Broda Bahm – We are often asked, “What kind of jurors do we want for our case?” and sometimes that question can veer toward demographics: “Do we want women or men?” In personal injury litigation, for example, the lawyers trying the case might suspect that women will show more compassion and sympathy toward an injured party,
Don’t Count on Gender Differences When it Comes to Compassion Read More »