By Dr. Ken Broda Bahm – “I know how to explain it, and I think I even know how to persuade jurors on it — but how do I make it central for them? How do I make this fact the first thing they remember about this case?” That question, asked recently by an attorney […]
By Dr. Ken Broda Bahm – We sometimes meet attorneys who want a low-technology approach in trial. I imagine they see themselves standing in front of the jury saying something like, “well…I’m just a country lawyer and I don’t know much about all these new fangled gadgets – documents flying on the screen, Star Wars animation
By Dr. Ken Broda Bahm – When we think of great attorneys, the skills that we most often cherish are persuasion and logic — the power to get a judge or jury to think and to do what you want. But what about the ability to inform, to explain, to simply make something clear? An
By Dr. Ken Broda Bahm – We all remember “show and tell,” and at least back then we understood intuitively that if we tried to just tell, without showing, we couldn’t expect much attention from the class. The same applies in litigation, and in a way you might not expect. This post is the first in a five-part series, reporting
By Dr. Ken Broda Bahm – Casey Anthony was sentenced today to four years for lying to authorities with credit for the substantial time she has already served. Instead of facing life, or possibly death, for the murder of her daughter Caylee, she will be free as of next Sunday (July 17th), though it is hard to use the word
Take a Lesson from the Casey Anthony Verdict: It Is the Story, and Not Just the Evidence Read More »
By Dr. Ken Broda Bahm – Lucy, for the umpteenth time, holds the football and invites Charlie Brown to kick it with the promise that this time, she won’t pull the ball at the last moment and send him flying. His response: “I don’t mind your dishonesty, half as much as I mind your opinion
Avoid Condescension and Other Sins of Legal Argument: Know Your ‘Second Persona’ Read More »
By Dr. Ken Broda Bahm – The popular image of legal argument is most often a polished and professional presentation, made from a podium in front of a jury or judge. To those of us court watchers who read transcripts, it is clear that the biggest roll-up-your-sleeves-and-argue moments are often at sidebar – those conferences conducted with counsel
Remember, it’s a Sidebar, Not a Bar Fight: Reason With, Not At, Your Adversary and Judge Read More »
By Dr. Ken Broda Bahm – “The men totally dominated the discussion the last time,” said JoAnn Chiakulas, the hold-out juror in Rod Blagojevich’s first corruption trial, “and a lot of the women were not treated very nicely.” The former governor’s newer jury consisted of eleven women and one man you might expect a change in that department. But this second jury deliberated
That’s Right, The Women Are Smarter: Pay Attention to Your Jury’s Social Intelligence Read More »
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 »