By: Dr. Ken Broda Bahm – When the public answers current polling on the health insurance reform law, only a minority of 46 percent will say that they support it. But when attention turns to the details of the plan, a majority supports the individual elements. Even opposition to the dreaded “individual mandate” falls to just 35 […]
Don’t Defend A Strawman (And Don’t Attack One Either) Read More »
By: Dr. Ken Broda Bahm – Imagine this: you’re sued for making false claims about your product. What do you do? Issue a terse public statement and hunker down for discovery? Not Taco Bell. When an Alabama law firm filed a class action accusing the company of using meat filling with only 36% beef, the company responded
Know When to Take the Offensive in Defense of Your Product: Lessons from Taco Bell Read More »
By: Dr. Ken Broda Bahm – Anyone who argues in front of judges knows that human factors can weigh as heavily as the law in determining your judge’s decisions. But it is still possible at times to be surprised at the degree of influence, as well as the banality of those human factors. Case in
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