By Dr. Ken Broda Bahm: This past Friday, eight people died at a music festival in Houston, crushed by a crowd as the music continued and security was unable to help. As the tragedy moves toward litigation, it is likely that this will be another case where there is a profusion of video, with dozens […]
Account for Camera Perspective Bias Read More »
By Dr. Ken Broda Bahm: How likely is it that a corporation’s competitor could come up with a parallel product without infringing a patent? How common is it for someone to get injured on an amusement park ride? How normal would it be for someone who gets regular physical exams to have an undiagnosed stage
Use Jurors’ Availability Bias Read More »
By Dr. Ken Broda Bahm: So it is time for your critical meeting with the Client. Are they coming to your office, or are you going to theirs? Or, maybe it is the new option: Let’s just meet on the cloud. An article this past week in the ABA Journal documents a pretty dramatic turn
Meet Your Clients on the Cloud Read More »
By Dr. Ken Broda Bahm: In the case of Kyle Rittenhouse, the individual on trial for killing two men and wounding a third at a Kenosha, Wisconsin protest in August 2020, the judge has set some terms on language. According to press reports, the judge has ruled that the Defense may characterize the men who
Consider the Connotations Read More »
By Dr. Ken Broda Bahm: Jury duty often involves some long waits. As people sit in the assembly room or the courtroom, it is normal for them to find something to pass the time. I’ve seen people knitting, drawing, even juggling. But, by far, the most common activity is that they’re reading a paperback that
Look at Whether Your Jurors Are Reading: It May Say Something About Their Empathy Read More »
By Dr. Ken Broda Bahm: The setting of an in-court oral voir dire can be seen as a “perfect storm” of information. Data about your panel and your potential future fact-finders is coming at you from all directions. You may have responses from a questionnaire as well as information from prospective jurors’ social media and
Innovate to Keep Track of Information During Voir Dire Read More »
By Dr. Ken Broda Bahm: Here’s an intuitive belief that many who work in the field of law might adhere to: More information leads to better decisions. Those who work in the social sciences, however, know that this does not always hold true. Based on the higher “cognitive load,” higher levels of information can also
Testimony Mode: Note the Tradeoff Between Information Density and Juror Sensitivity Read More »
By Dr. Ken Broda Bahm: As you’re waiting your turn for voir dire, you notice that plaintiff’s counsel is getting a fair number of potential jurors to admit that they might have a bias — against lawsuits, against plaintiffs’ attorneys, against various damage categories, in favor of personal responsibility, and in favor of parties like
(Sometimes) Reinforce a Higher Threshold for Cause Challenges Read More »
By Dr. Ken Broda Bahm: I came across a recent article in the publication Raw Story with the intriguing title, “There’s a big problem in opinion polling that mainstream media is missing” by Matt Robison. While not an academic piece, the article does address a problem that is driving academics crazy. I’ve noted in previous
Add Context to Your Voir Dire Read More »
By Dr. Ken Broda Bahm: Arriving for the preparation meeting, the witness notices that there’s someone new in the room: a communications consultant. A non-lawyer visiting from out-of-town, the consultant is introduced by the lawyer as a specialist in legal communication and as someone who “is here to help us prepare for your testimony.” Over
Consider the ‘Message Effect’ of Inviting a Consultant to Help Your Witness Read More »