By Dr. Ken Broda Bahm – Litigators like to see themselves as silver-tongued persuaders, but in an age in which fewer than one in fifty suits are resolved in trial, they may find that the negotiation skills of Donald Trump come to matter more than the rhetorical skills of F. Lee Bailey. And research is […]
When You Press the Negotiations, Pause the Persuasion Read More »
By Dr. Ken Broda Bahm – “Well…let me just throw a number out to get us rolling: Five million dollars!” (Recent mock juror quote) Juror damage awards can seem erratic and inexplicable, not only to the public, but to experienced litigators as well. Particularly when jurors are valuing something other than a concrete expense by assessing non-economic
Get the Gist of How Jurors Decide Damage Numbers Read More »
By Dr. Ken Broda Bahm – The old Rolling Stones song notwithstanding, it is likely that most Americans have very little sympathy for the devilish war Congress has waged over raising the debt limit. This impasse, like most intractable disagreements, can be seen as a failure of empathy. In this case, a failure of each
Sympathy for the Devil, but Empathy for Your Judge Read More »
By Dr. Ken Broda Bahm – As we get to the final post in this series, astute readers will have no doubt noticed one claim that we haven’t made: namely, that graphics will win your case. By themselves, they won’t. That is what we found in our experiment focusing on the reactions of 1,375 mock jurors.
Show, Don’t Just Tell: Part 5, Caution (Persuasion Strategies Visual Persuasion Study) Read More »
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 »