By Dr. Ken Broda Bahm: I write this blog principally for litigators, but sometimes it is worth remembering that transactional attorneys are also advocates who, depending on the circumstances, may also have persuasive goals. The point of seeking to influence, particularly when the transaction may become the subject of future legal battles, is a place […]
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By Dr. Ken Broda Bahm: In the lead-up to trial, a good trial lawyer has many checklists. Some deal with motions to the court. Some deal with disclosure deadlines, some with witness notifications. In this article, I would like to address the broader question of preparation for your jury: What is the checklist to make
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By Dr. Ken Broda Bahm: The courtroom trial is one setting where lawyers feel they can sometimes dial up the dramatic delivery. In the hands of some, that liberty can lead to an overbearing style. One question with the newer Zoom environments is whether there is less room for that style when the communication is
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By Dr. Ken Broda Bahm: We’ve all heard the standard language in drug commercials: After a string of increasingly dire warnings about risks and side effects (a list that seems to nearly always end in “death”), a cheery voice will urge you to, “Ask your doctor if this drug is right for you!” While the
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By Dr. Ken Broda Bahm: “Looking back at this situation, what if anything would you do differently?” Witnesses can be asked that question in a variety of case types: medical malpractice, products liability, contract, fraud, and really anything that involves a conceivably questionable past decision. And this question can be tricky to answer. For the
Don’t Enter That Time Machine: Carefully Answer “What Would You Have Done Differently?” Read More »
By Dr. Ken Broda Bahm: At a recent meeting with a witness to prepare for deposition testimony, and after I told the witness (more than once) to keep their answers short and not to stray beyond the question when answering, the witness asked, “Could you give me some kind of signal when I’m doing that?
Witnesses: Don’t Rely on ‘Catcher Signals’ Read More »
By Dr. Ken Broda Bahm: “Seeing is believing,” and based on the social science, we tend to apply that adage even when the visual aid does not rationally add to the substantive proof. Visuals makes things easier to call to mind later (which makes them feel more true), while also making the idea more vivid,
By Dr. Ken Broda Bahm: We know that movie viewers love a plot twist. A surprising turn of events can make a movie memorable, and in films like “The Usual Suspects,” or “The Sixth Sense,” your understanding and perspective on a story can suddenly shift faster than you can say, “Luke, I’m your father.” In
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by Dr. Ken Broda Bahm: My daughter is a figure skater — the kind of skater who practices six days a week. Each one of the complex jumps that a skater executes involves dozens of fine-motor movements that need to be encoded into the skater’s muscle memory. It takes a ton of practice. One of
By Dr. Ken Broda Bahm: During the ongoing pandemic, courts have been understandably reluctant to invite large numbers into their chambers for trial, and particularly for jury selection. That situation has driven renewed consideration of supplemental juror questionnaires that can be administered and collected online. Both to gather medical and exposure-related hardship information, as well
Juror Questionnaires: Don’t Worry (So Much) About ‘Helping the Other Side’ Read More »