By Dr. Ken Broda Bahm: Lawyers are trained to think logically and analytically. So, if a category ABC includes A, B, and C, one would expect the total, ABC, to be the same as A, B, and C measured separately. But it isn’t always. When human decision-making is factored in, the sum of A, B, […]
Account for ’the Unpacking Effect’: Sums Are Less than Their Parts Read More »
By Dr. Ken Broda Bahm: “We are not supposed to talk about this.” If you’re observing a mock trial, that is often something you hear from one of the mock jurors…just as they begin to talk about it: insurance coverage and attorneys’ fees. Strictly speaking, neither is relevant to the question that jurors are being
Expect that Your Jury Is Going to Bring up Those ‘Forbidden Topics’ Read More »
By Dr. Ken Broda Bahm: In recent days, I’ve been thinking about all of the “QAnon” followers, and how and whether they are reconciling recent events with their belief in Donald Trump’s role in purging the top echelons of politics and society before he left office. I’ve wondered how people believe it in the first
Remember that Feelings Trump Facts Read More »
By Dr. Ken Broda Bahm: Artificial Intelligence (AI) continues to evolve and to incorporate its way into our lives. Versions of AI now routinely tell Americans where to eat, what routes to take, and what movies to watch. Artificial Intelligence is also making in-roads into medical decision-making, as diagnosis and treatment recommendations become more personalized. That has
Consider the AI Influence on Medical Liability Read More »
By Dr. Ken Broda Bahm: It was just about a year ago that we all started hearing about a novel virus originating in China. A few months later, as American courts ground to a halt, or moved forward haltingly, it started to create the backlog of cases that continues to grow. Now, every court system in
Break the Backlog: The Durable Conclusions from the Online Courtroom Project Read More »
By Dr. Ken Broda Bahm: With the coronavirus pandemic infections and deaths once again surging back to peak levels, it is an odd juxtaposition that people seem to be getting out and about at increasing rates. Still, I’ve often heard after someone has traveled or been at a large or inter-household gathering, “I felt safe.”
Account for the Optimism Bias Read More »
By Dr. Ken Broda Bahm: We have all used them. It might be a repeated word or phrase like, “I would say,” “it seems to me that,” or “like.” It might be a repeated sound like “uh,” “um,” “ah,” or “er.” Not all of the speech is content; some of it is filler which, for
Perfect Your Public Speaking: Six Ways to Reduce Your “Crutch Sounds” Read More »
By Dr. Ken Broda Bahm: It’s an implicit mistake that lawyers can sometimes make. They’ll tacitly believe and behave as though, “Reasonable people think like I do.” The trouble is, that isn’t true. Other lawyers think like you do, but lawyers have been selected and trained to favor high-analytical ability. We simply can’t project that on society.
Don’t Take Analytical Thinking for Granted Read More »
By Dr. Ken Broda Bahm: This past week saw some events most of us thought we would never see: A violent mob rampaging through the U.S. Capitol Building, shutting down a joint session of Congress in order to stop the Constitutional procedure of counting the presidential vote. In the coming weeks, of course, we are
Remember that Law is a Higher Calling Read More »
By Dr. Ken Broda Bahm: In the case of any argument or persuasive appeal you are making, you can ask the question, “Who are you aiming at?” In a jury trial, your answer might be, “The jury, of course.” But who on that jury are you aiming at in particular? In our consulting, we have
Avoid Persuasive Misalignment Read More »