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
Ask Your Doctor If a Jury Is Right for You Read More »
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
Add a Plot Twist to Your Trial Story Read More »
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 »
By Dr. Ken Broda Bahm: The now one-year-old coronavirus pandemic has caused courtrooms across the country to move many of their functions, as well as some full jury trials, into an online space. On the wisdom of that move, there are broadly two camps. The technological-optimists welcome the change, noting that trials can be more
The Virtual Trial: Be Conscious of What Is Lost and What Is Found Read More »
By Dr. Ken Broda Bahm: As a defendant thinking about your risk in the run up to civil trial, you probably have some idea of what your case is worth. But you also know, and have likely used, the expression, “Anything is possible with a jury.” There is always the chance of a run-away jury adopting
The Punishment Profile: Know the Juror Characteristics Read More »
By Dr. Ken Broda Bahm: What drives the motivation to not just compensate but to punish? When it comes to considering the purpose and amount of legal damages, the defense will predictably want a jury that, if they get to that stage at all, is focused on just paying the bills. They will concentrate on
The Pizza Scenario: Expect Punishment to be Driven by Both Equity and Retribution Read More »