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 »
By Dr. Ken Broda Bahm: In the current wave of this pandemic year, as many trials and in-person jury research projects are on hold, the social science research has continued. I’m thankful for that, and for this post, I want to appreciate a new study on gratitude itself. The study (Algoe et al., 2020) shows that people
Be Thankful (Jurors Like You Better That Way) Read More »
By Dr. Ken Broda Bahm: When it comes to presentation style in the courtroom, there are definitely times to “bring the fire.” Impassioned rhetoric is best used sparingly, and after you have gained your audience’s trust, but when it fits, powerful and intense delivery can help to raise the emotional stakes, and potentially help jurors feel
Don’t Be Too Hot for Zoom Read More »
By Dr. Ken Broda Bahm: It is becoming axiomatic that you can’t talk people out of hardened views. Particularly on political subjects; the common view is that we are in a “post-persuasion” era. Perhaps that depressing assumption explains why I was hopefully drawn toward a recent headline in The Atlantic magazine, “How We Got Trump Voters to
Take Some Lessons from “Deep Canvassing” Read More »
By Dr. Ken Broda Bahm: From readers of this blog, I sometimes hear, “I don’t always agree with you, but I always find you worth reading.” That is one of my favorite compliments, because of, and not despite, the disagreement. It wouldn’t be that interesting, after all, to stick with what everyone agrees on. Learning comes
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