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 »
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 »