ken.brodabahm – Page 29 – Your Trial Message

Vaccine Alarmism: Learn Better Testimony from the Miscommunications of Science

Uncategorized / ken.brodabahm / February 22, 2021

By Dr. Ken Broda Bahm: Sometimes, in the task of communicating technical or scientific information to the public, something can be lost in the translation. Of course, that is often a challenge for expert witnesses in courtroom settings, but currently, we are seeing it play out on the national stage. As the coronavirus vaccine is […]

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Appreciate the Nuance: Persuasion Isn’t Dead (Yet)

Bias, Public Perception / ken.brodabahm / February 18, 2021

By Dr. Ken Broda Bahm: In the classic movie, Monty Python and the Holy Grail, there is a scene that is familiar to fans. It is medieval plague-ridden times, and a man pulls a cart through a village, calling, “Bring out yer dead!” When one body is brought to him, the body protests that he isn’t

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Help Your Virtual Jurors Pay Attention

Adapting to Jurors, Comprehension / ken.brodabahm / February 15, 2021

By Dr. Ken Broda Bahm: At this point, approaching our quarantine anniversary, we have all done our fair share of business on Zoom. We know that keeping our attention on the small screen can be a challenge, even for an hour-long meeting. Now, imagine a jury trying to maintain attention over the course of a

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Learn Visual Storytelling from the Second Impeachment Trial’s “Day in the Life” Video

Public Perception, Visual Communication / ken.brodabahm / February 11, 2021

By Dr. Ken Broda Bahm: As it was in the first time around, the result for Donald Trump’s second impeachment trial seems to be a foregone conclusion: There is no foreseeable scenario that would have 17 republican senators crossing the aisle to vote to convict the former President for inciting the violent riots on Capital

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Account for ’the Unpacking Effect’: Sums Are Less than Their Parts

Bias / ken.brodabahm / February 8, 2021

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,

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Expect that Your Jury Is Going to Bring up Those ‘Forbidden Topics’

Adapting to Arbitrators, Adapting to Judges / ken.brodabahm / February 4, 2021

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

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Remember that Feelings Trump Facts

Adapting to Jurors, Bias / ken.brodabahm / February 1, 2021

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

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Consider the AI Influence on Medical Liability

Professional Malpractice Litigation / ken.brodabahm / January 28, 2021

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

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Break the Backlog: The Durable Conclusions from the Online Courtroom Project

Uncategorized / ken.brodabahm / January 25, 2021

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

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Account for the Optimism Bias

Bias, Sports Litigation / ken.brodabahm / January 21, 2021

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.”

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(formerly the Persuasive Litigator blog)

Author name: ken.brodabahm