By Dr. Ken Broda Bahm: The idea that “seeing is believing” is the kind of adage that can have more traction as a truism than as a research finding. But when it comes to truly appreciating the visual advantage in litigation, understanding the research can be helpful. In the case of a visual demonstrative that moves […]
Animate It: If Jurors See It, They’re More Likely to Believe It Read More »
That impulse to stop the billing is understandable, but it can also be penny-wise and pound foolish. When a crowded docket knocks your case off it’s scheduled date with destiny, of course it makes sense to adapt your preparation. But it also makes sense to take a few steps to make sure that your readiness for trial is retained, or even improved, during the gap. That impulse to stop the billing is understandable, but it can also be penny-wise and pound foolish. When a crowded docket knocks your case off it’s scheduled date with destiny, of course it makes sense to adapt your preparation. But it also makes sense to take a few steps to make sure that your readiness for trial is retained, or even improved, during the gap. In this post, I will share five practical ideas for keeping your pencil sharp when your trial preparation suddenly shifts from “Go” to “Stop.”
Adapt to Stop-and-Go Trial Schedules Read More »
By Dr. Ken Broda Bahm: There are a number of scenarios where race might matter to your case. Most obviously in the civil realm, these could be employment cases, police use of force cases, or claims involving unequal medical care or testing. In any number of other cases, race could come up as a factor
Need to Talk About Race in Trial? Watch for Language Polarization Read More »
By Dr. Ken Broda Bahm: When the other side has a powerful potential argument, but you get to go first, then you have a strategic call to make. Do you use the opportunity to get there first, address the issue before they can, and steal their thunder? Or do you wait them out, see what
Stealing Thunder: Know When to Preempt and When to Wait Read More »
By Dr. Ken Broda Bahm: When you test a product to assess its performance and safety, of course you have very substantive reasons for doing that: You are aiming to check effectiveness, prevent harm, and protect the brand. When a trial occurs, however, that testing carries a symbolic message as well, with the message being
Defend Your Product Testing Regimen: Seven Standards Read More »
By Dr. Ken Broda Bahm: As we begin to take stock of and conduct research on the effects on the pandemic adaptations, it is important to keep an essential principle in mind: The research on pandemic adaptations is not just about the pandemic adaptations. In nearly every case, the focus will also bear on larger issues of
Masks in Court: Understand the Real Lesson Read More »
By Dr. Ken Broda Bahm: I participated in a recent LinkedIn discussion on expert witnesses, with some in the conversation noting that experts are often unprepared for testimony, and often unaware of the need for better preparation. And, to complicate that process, attorneys can be too deferential to those experts, or can operate from the
Experts: Follow the Seven Commandments Read More »
By Dr. Ken Broda Bahm: Anecdotally, I have seen it in a few recent cases: The deposition witness isn’t asked an open-ended question and isn’t given a “Yes or No” either. Instead, they are given a range of options, like you would see in an attitude survey or a school examination. For example, an employer
Prepare for Multiple Choice Questions in Deposition Read More »
By Dr. Ken Broda Bahm: So, your deposition has been scheduled, and you’re just starting to wrap your head around what is in store for you. Your lawyer has already stressed that you are not in the driver’s seat at this stage: The deposition is the other side’s process. Because of that, it helps to
Know the Other Side’s Three Goals for Your Deposition Read More »
By Dr. Ken Broda Bahm: Whenever we step up to evaluate a person as a potential juror, it can be an occupational hazard to simplify that person too much. We do our best with the time and information available, and to be sure, jury selection would be better and less susceptible to social biases if judges
Look Beyond Your Jurors’ Political Identification: Education Matters Read More »