By Dr. Ken Broda-Bahm: Supporters of America’s traditional jury trials like the idea of a system of conflict resolution based on evidence, reasoning, and the public’s judgment. Those supporters, and I include myself in that group, believe that something is being lost when nearly all disputes that are candidates for such a system are instead […]
Address the Off-Stage Character in Your Trial Story: Settlement Read More »
By Dr. Ken Broda-Bahm As counsel scans the panel of potential jurors, one might stand out based on the gut level thought: a “that guy just makes me nervous” kind of reaction. Basing your strike decisions on a “bad feeling” that lies outside of articulable factors of experience or attitude certainly isn’t unknown. But it
Have a Definite (Explicit and Quantified) Reason for Your Strikes Read More »
By Dr. Ken Broda-Bahm: How effectively does counsel and the court question potential jurors as part of the selection process? New research in the journal Language in Society (Clayman & Fox, 2025) provides some additional perspective on that question. The two authors, coming from the academic perspective of conversation analysis, reviewed transcripts from more than 100 question and
Oral Voir Dire: Know Your Purpose Read More »
By Dr. Ken Broda-Bahm: Civil cases generally involve a mix of individuals and corporations. While the government can be a party, more often state or federal officials are playing an off-stage role in setting a regulatory standard that was either met or not met in the case. A product manufacturer might have complied with the
Assess Regulator Credibility Within Your Trial Narrative Read More »
By Dr. Ken Broda-Bahm: It’s a familiar scenario: As the case moves toward the mediation stage, the two sides start staking out positions with an eye toward compromise. The plaintiffs make a big ask with the expectation of coming down. The defense offers a low number with the expectation of coming up. Before and through
Mediate on Merits, Not Math Read More »
By Dr. Ken Broda-Bahm: There is a well-known principle in communication circles, first expressed by cognitive scientist George Lakoff: “When we negate a frame, we evoke the frame.” It means that even when we try to deny a specific attack against us, when we use the same terms, we end up giving space and power
Don’t Activate a Bad Frame Read More »
By Dr. Ken Broda-Bahm: Testifying, whether in a deposition or in trial, can feel pretty threatening. Particularly if you’re a named defendant in a lawsuit, you know you’re going to be the target. But even when you’re on the other side, or you’re an expert for one of the parties, or even a true neutral
Witnesses, Remember Confidence is a Behavior Read More »
By Dr. Ken Broda-Bahm: In modern times at least, corporations have not been terribly popular. However, since the murder of UnitedHealthcare’s CEO about a half a year ago in New York City, observers and the corporations themselves have been paying more attention to the extreme edges of these attitudes. For nearly two decades, Persuasion Strategies
Expect More Extreme Anti-Corporate Attitudes Read More »
By Dr. Ken Broda-Bahm: I’m old enough to feel okay claiming full “curmudgeon” status when it comes to A.I. as a writing tool. I know some will say that puts me behind the times, and others will say that I’m missing out on opportunities. But the early social science on the effects of A.I. on
Keep Doing Your Own Writing Read More »
By Dr. Ken Broda-Bahm: Cause challenges play an important role in jury selection. When a potential juror has an acknowledged barrier to basing their decision on a neutral understanding of the evidence and the law, they should not serve. However, when lawyers are exploring potential cause issues, I often see them taking an approach that
Follow Five Steps to a Successful Cause Challenge Read More »