By: Dr. Ken Broda Bahm – A warning that calls attention to a product’s potential danger is obviously an important part of a company’s litigation prevention and defense. But according to one recent statistic, a substantial portion of the public, and potential jury pool, may be a bit cynical on the question of whether warnings are designed to educate or […]
Aim Your Product Warnings at “FYI” and Not Just “CYA” Read More »
By: Dr. Ken Broda Bahm – For an upcoming opening statement or closing argument, your gestures are probably the last thing on your mind…until you actually get up to speak. Then, the commentator in your brain might be asking, “why am I gripping the sides of this lectern?” or “Is there a way I can
Go Ahead and Talk with Your Hands, But Know What You’re Saying Read More »
By: Dr. Ken Broda Bahm – Last week, in part one of this post, I wrote about the increasing tendency for jurors to express irritation and insecurity at the prospect of serving out their jury duty, a greater proportion of hardship claims, and some recent research showing that the resulting changes in the jury pool could lead to
By: Dr. Ken Broda Bahm – The situation has been noted with a surprising frequency: Instead of filing in quietly to fulfill their civic duty, prospective jurors in voir dire have expressed a deep frustration over the litigation process and a deep concern over serving. Most recently, an article in the National Law Journal noted this
By: Dr. Ken Broda Bahm – For all the careful attention and planning that goes into a good opening statement story, and a strong closing argument structure, the rebuttal can end up sounding like an afterthought — especially when it is an afterthought. Composed on the fly while listening to your opponent’s argument, your rebuttal can often be reduced to
Avoid the “And Another Thing…” Style in Rebuttal Read More »
By: Dr. Ken Broda Bahm – In fencing, a “riposte” is the act of turning away an attack (a parry) and converting it into a strike back at your opponent. In common conversation, a riposte means answering an attack or an insult with a witty reply. In either case, it is a good come back that converts defense
Expert Witnesses: When Criticized, Don’t Just Respond, Riposte! Read More »
By: Dr. Ken Broda Bahm – This post is focused on bulking-up your ability to target high-risk jurors and performance enhancing your voir dire. So speaking of steroids, let’s start with Barry Bonds. Jury selection for the perjury trial of the former San Francisco Giants power-hitter, charged with lying to a grand jury over steroid use, starts
By: Dr. Ken Broda Bahm – The need for a theme that communicates, simplifies, and unites your case has become common sense to litigators. But the way that we come up with a theme is a little more mysterious. Some see theme creation as an act of laborious analysis, developed out of a painstaking accounting
Know Your ‘God Terms’ and Your ‘Devil Terms’ Read More »
By: Dr. Ken Broda Bahm – The role of a positive example in creating a “demonstration effect” has long been noted in the fields of political science and international relations, with one of the classic examples being the American Revolution that was closely followed by the French revolution. We’re seeing it now on a near daily
By: Dr. Ken Broda Bahm – We’ve now been using the phrase “the vanishing jury trial,” for almost a decade, and the decline continues. The days when experienced lawyers could count on finding themselves in front of a jury several times a month are gone, as today’s cases are increasingly resolved by judges, mediators, arbitrators, and other routes
The Jury is Out: Make the Most of Your Experience In an Era of Fewer Trials Read More »