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 »
By Dr. Ken Broda-Bahm: Will the individuals who serve on your jury be the same people they were before they were called for service and selected? Will they have the same mental habits and preferences they exhibit in their civilian lives outside the courthouse? Will they be the same people they portray themselves to be
Account for the Transformation of Your Jurors Read More »
Imagine an attorney going over her notes before oral argument. She already has a solid set of reasons lined up and then decides to add one more argument that has been a little controversial within the team: some like it, but most think it is weak. Flash forward to the judge’s hearing on the
More Arguments Aren’t Always Better: Know the Reduced Average Effect Read More »
By Dr. Ken Broda-Bahm: America’s civil litigation system can sometimes look a little like class warfare. On one side — often, but not always the defense — there will be an organization and a group of individuals who enjoy substantially more wealth than those on the other side. So what do we think about the
Voir Dire on Attitudes Toward Wealth Read More »
By Dr. Ken Broda-Bahm: These are trying times for those of us who are looking to see whether American rule of law can survive its current challenges. As our executive branch tests the limits of Congressional authority, and bucks the traditions of judicial review, the question that’s up in the air at the moment is
Expect Low Legal Comprehension Read More »