By Dr. Ken Broda Bahm: The damages category of “pain and suffering” is notoriously uncertain, at least in jurors’ estimation. The act of quantifying and monetizing a plaintiff’s subjective experience associated with a loss or an injury can be a challenge. Ultimately, of course, pain is an electrochemical response within the brain and as technology […]
Address the Subjectivity of Pain and Suffering Read More »
By Dr. Ken Broda Bahm: With the coronavirus levels still raging, trials in most parts of the country are still on hold. But as vaccinations begin to make their slow appearance, it seems to be the time to contemplate the near future, where litigation will hopefully be back in business. So, as your matter moves
Put Your Heads Together: Seven Best Practices for Strategy Sessions Read More »
By Dr. Ken Broda Bahm: With only a miserly share of current cases ending up in a jury trial, the story on the state of the American jury is definitely a tale of dread, but also one that still has a little light at the end if the right changes could yet be made. Given
Honor the Ghosts of Juries Past, Present, and Yet to Come: A Christmas Carol Read More »
By Dr. Ken Broda Bahm: We know that perceptions of facts can be filtered by a strong partisan lens. Differing narratives regarding the recent election of Joe Biden and Kamala Harris have brought that into sharp relief. While a majority of Americans consider the issue settled, a surprisingly large minority does not. Based on a
Guard Against “Expressive Response” in Voir Dire Read More »
By Dr. Ken Broda Bahm: Q: At the time you signed the contract, did you believe that all of your business partners had the capacity to comply with its terms? A: Well, here is what was going on when I signed the contract: The business was growing massively, and our capacity was increasing by the
Witnesses, Treat It As a Question, Not a Topic Read More »
By Dr. Ken Broda Bahm: Many Republicans believe that President Trump lost the election only due to widespread and systemic voter fraud. When Georgia’s Republican Secretary of State, Brad Raffensperger, a Trump voter and donor, says that Democrat Joe Biden won on a legitimate count (and recount) of the votes, he is part of the
Watch Out for Self-Sealing Belief Systems Read More »
By Dr. Ken Broda Bahm: As we are moving up yet another hill on the pandemic case-count rollercoaster, hopefully the last rise before the final descent into a vaccine landing zone, courts are once again pulling back in–person trials, while lawyers look for ways to stay prepared using virtual tools. Along with web-conferenced hearings and
Prepare Your Witness Virtually: Seven Best Practices Read More »
By Dr. Ken Broda Bahm: All the way back to my days as a public speaking professor and debate coach, I stressed the practical importance of a transition. The goal, I emphasized, is not just the formal nicety of appearing organized, but is rather to directly create attention, retention, and comprehension for your audience. An
Transition With Meaning: Nine Ways to Avoid “My Next Point Is…” Read More »
By Dr. Ken Broda Bahm: Looking at the question, “What does a federal judge expect from an Assistant United States Attorney (AUSA)?” U.S. District Court Judge Michael H. Simon of the District of Oregon, in a recent issue of the DOJ Journal of Federal Law and Practice (Simon, 2020), gives his answer in an acronym
Follow Judge Simon’s ‘Casa Le Pyro’ Read More »
By Dr. Ken Broda Bahm: We all know by now there were errors in the pre-election polls. While Joe Biden still scored a decisive win, there wasn’t the dramatic margin that many polls predicted. Part of the problem is that the task of sampling the population is getting harder and harder. A recent Washington Post article
Account for One Reason the Polls Are Broken: Social Alienation Read More »