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 »
By: Dr. Ken Broda Bahm – Exactly what do people celebrate when they see a fitting result? Sometimes it is justice, and sometimes it includes a measure of payback or revenge as well. Just over a week ago, news from the Oval Office ignited jubilant celebrations in Times Square and many other parts of the country. Scenes
A Mixture of Justice and Revenge: Target Juror Psychology in Awarding Damages Read More »
By: Dr. Ken Broda Bahm – There is a pattern in medical malpractice litigation: people want to trust their doctors. This pattern is something observed in our own experience, in human psychology, and in attitudes toward malpractice trials. Plaintiffs only win when jurors are able to overcome that trust. The best thing that doctor-defendants have
In Malpractice Litigation, Account for Jurors’ Motive to Trust the Doctor Read More »