By Dr. Ken Broda Bahm: There is a danger in what I call the “product” orientation toward persuasion. That orientation focuses on persuasion as an outcome, as a discrete “thing” that is transferred from a sender to a receiver. The advocate in effect thinks, “I have something — it is called a correct opinion — and […]
Persuade Through Process Read More »
By Dr. Ken Broda Bahm: Ladies and gentlemen of the jury, it did not have to end up this way. At many points in time, and at many places along the course of this story, the individual sitting here with opposing counsel could have made a different choice. He could have taken a different path. He
Focus on the “Paths Not Taken” by the Other Side Read More »
By Dr. Ken Broda Bahm: If a manufacturer rushes an untested new product to market, did they do it to realize a gain (let’s say to increase profits by expanding into a new market) or to prevent or mitigate a loss (maybe to protect the company against an economic downturn)? The difference in this case
To Convince on Negligence, Frame It as “Gain” Read More »
By Dr. Ken Broda Bahm: So we have made it through the 2022 midterm elections. As is typical, the party out of power seems to have made some gains, although so far at least, the anticipated “Red Wave” doesn’t seem large enough to surf. Going into the election, the common wisdom was that that the broadly felt
Jury Damages: Expect the Fundamentals to Still Apply Even in a Down Economy Read More »
By Dr. Ken Broda Bahm: A bit like members of the armed forces, jurors are often thanked for their service. For the attorney, particularly in the opening moments of a trial, it is both common and important to make sure that jurors understand that you appreciate them serving, even though it is for little compensation,
Show You Respect the Jurors: Top 7 Ways Read More »
By Dr. Ken Broda Bahm: The idea that “seeing is believing” is the kind of adage that can have more traction as a truism than as a research finding. But when it comes to truly appreciating the visual advantage in litigation, understanding the research can be helpful. In the case of a visual demonstrative that moves
Animate It: If Jurors See It, They’re More Likely to Believe It Read More »
That impulse to stop the billing is understandable, but it can also be penny-wise and pound foolish. When a crowded docket knocks your case off it’s scheduled date with destiny, of course it makes sense to adapt your preparation. But it also makes sense to take a few steps to make sure that your readiness for trial is retained, or even improved, during the gap. That impulse to stop the billing is understandable, but it can also be penny-wise and pound foolish. When a crowded docket knocks your case off it’s scheduled date with destiny, of course it makes sense to adapt your preparation. But it also makes sense to take a few steps to make sure that your readiness for trial is retained, or even improved, during the gap. In this post, I will share five practical ideas for keeping your pencil sharp when your trial preparation suddenly shifts from “Go” to “Stop.”
Adapt to Stop-and-Go Trial Schedules Read More »
By Dr. Ken Broda Bahm: There are a number of scenarios where race might matter to your case. Most obviously in the civil realm, these could be employment cases, police use of force cases, or claims involving unequal medical care or testing. In any number of other cases, race could come up as a factor
Need to Talk About Race in Trial? Watch for Language Polarization Read More »
By Dr. Ken Broda Bahm: When the other side has a powerful potential argument, but you get to go first, then you have a strategic call to make. Do you use the opportunity to get there first, address the issue before they can, and steal their thunder? Or do you wait them out, see what
Stealing Thunder: Know When to Preempt and When to Wait Read More »
By Dr. Ken Broda Bahm: When you test a product to assess its performance and safety, of course you have very substantive reasons for doing that: You are aiming to check effectiveness, prevent harm, and protect the brand. When a trial occurs, however, that testing carries a symbolic message as well, with the message being
Defend Your Product Testing Regimen: Seven Standards Read More »