By Dr. Ken Broda Bahm: If you remember even a few images from kindergarten, you probably remember the time when your teachers would lay out the mats — that was the cue that it is naptime. One might say that the similar cue in a courtroom is when one side or the other cues up […]
Play Recorded Testimony Without Creating Courtroom Naptime Read More »
By Dr. Ken Broda Bahm: Once the cases are both in, the witnesses are all examined and, the evidence is before the jury, it is time to close, and for many attorneys, that means ramping up the emotion in order to commit jurors to your position. The exact tone you’re going for is going to
Show Some (Authentic) Anger in Closing Read More »
By Dr. Ken Broda Bahm: It sometimes happens in the course of testimony: After what might have been a longer or misdirected answer, the witness will receive a stern admonition from either the questioning attorney, or worse, the judge: “Please listen carefully to the question and then simply answer ‘Yes’ or ‘No.’” That kind of
Witnesses: Protect Yourselves Against the “Just Answer Yes or No” Instruction Read More »
By Dr. Ken Broda Bahm: Lawyers are notorious for using language that carries some comprehension challenges. When this “legalese” is directed to and understood by other lawyers, that use can be understandable, even if it is still annoying. But when it is directed at the public it can be a big source of failed communication. For example,
Limit the Legalese, and ‘Legalese’ Isn’t Just Jargon Read More »
By Dr. Ken Broda Bahm: Maybe it is because monitors are a lot less expensive than they used to be, but I’m seeing more and more of them cropping up, often in the same places. Conference rooms or spaces for larger presentations that used to have a single monitor or a projector screen now will
Presenters: Try to Avoid Using Multiple Duplicate Screens Read More »
By Dr. Ken Broda Bahm: Like the continuing need to have a ‘pocket mask’ in many places, the online judicial meeting or hearing has become an accepted fact of almost-post-pandemic life. But, chances are, the remote hearing will last longer (knock on wood). At this point, we are seeing systematic attention on the question of
Improve Your Online Hearing Efficiency Read More »
By Dr. Ken Broda Bahm: The instructions for jurors are clear: They are to take an issue that has no effect on them, listen dispassionately to the evidence and arguments, apply the facts to the law, and make a decision. That is the model, but in reality other motivations creep in. In talking with jurors in mock
Know Your Jurors’ Anger Buttons Read More »
By Dr. Ken Broda Bahm: Many of us probably watched or heard about the drama this past week in the Women’s Olympic Figure Skating event. Kamila Valieva — just 15-years-old, but with a dominant combination of quad-jumps and world class performance style — tested positive for a banned substance. What followed for the Russian skater
Learn from Attitudes Toward Sports Abuse Read More »
By Dr. Ken Broda Bahm: As courts continue their uncertain transition from a Covid to a post-Covid stance, the word from many is that the Zoom hearing is the pandemic adaptation that is most likely to become a normal feature of litigation going forward. Zoom makes it simple and inexpensive to get all the parties
Take Advantage of Screen Prominence in Your Zoom Hearing Read More »
By Dr. Ken Broda Bahm: Right off the top, I want to make clear that none of the tips involve starting off your ending with, “In conclusion….” I have always disliked that phrase, and put it in a category — along with phrases like “As I said before…” or “To be honest…” — that make
In Conclusion: 5 Tips on Ending Your Opening Read More »