By Dr. Ken Broda Bahm: I have worked with more than one defendant who simply could not resist it: Right out of the gate, in opening statement, they come out swinging against the plaintiff. They’re not being honest, they have their own share of wrongdoing, and they’re motivated by greed! It can feel good taking
Opening: Build Your House First, Then Take Aim at Their House Read More »
By Dr. Ken Broda Bahm: A number of years ago, innovators searching for ways to take some of the pain, delay, and difficulty out of the jury trial hit upon the idea to boil it down, rein in the discovery, simplify the rules of evidence, and try it to a smaller jury in a single day. For
Reconsider the Summary Jury Trial Read More »
By Dr. Ken Broda Bahm: Kyle Rittenhouse, the then-minor charged with killing two and wounding a third at a protest in Kenosha Wisconsin in the Summer of 2020, took the stand in his own defense at his trial yesterday. The case is a kind of litmus test in our current polarized times, with one half
Expect a Complex Response to Emotional Testimony Read More »
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 »