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(formerly the Persuasive Litigator blog)

Author name: ken.brodabahm

Witnesses, Know What You Don’t Know: Six Principles for Your “I Don’t Recall” Answer

Testifying Effectively / /

By Dr. Ken Broda-Bahm: Michael Cohen, the “Fixer” for Donald Trump, has recently gotten off the stand in the former President’s “hush money” trial. Those taking aim at Cohen’s testimony have pointed out frequent use of “I don’t recall” on many of the details. That, of course, is a common response for many witnesses, and […]

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Ground Your Hypotheticals

Adapting to Judges, Testifying Effectively / /

By Dr. Ken Broda-Bahm: Last week, the U.S. Supreme Court heard oral arguments on yet another momentous legal issue – this time, the claim of absolute immunity from criminal prosecution for claimed official acts by former President, Donald Trump who faces, among other charges, four criminal counts involving conspiracy to defraud the government, disenfranchise voters,

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As the Reptile Evolves, Update Your Understanding of ‘Duty’

Adapting to Jurors, Bias, Testifying Effectively, Witness Preparation / /

By Dr. Ken Broda-Bahm: The Reptile approach to courtroom persuasion aims to sell plaintiffs’ cases by invoking absolute duties for protection wrapped around a fear appeal that resonates with the jurors. Even with the Reptile’s ‘reboot’ version, the ‘Edge’ training appears to continue this emphasis. In a second part of an article in the CLM

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Know the Right N: How Participant Numbers Influence the Value of Your Mock Trial

Adapting to Jurors, Mock Trials and Focus Groups / /

By Dr. Ken Broda-Bahm: Your typical mock trial might involve three juries, with a total of 30 or so mock jurors. The typical public opinion poll run by an organization like Gallup, however, can involve more like 1000 participants. So what is the disconnect when it comes to sample size, the variable that researchers refer

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Defense Opening: Repair Credibility First

Adapting to Jurors, Opening Statement / /

By Dr. Ken Broda-Bahm: In an era of increased juror skepticism and perceived “Nuclear Verdicts,” there has been a call for new thinking on defense side. The need is for fresh approaches to cut against the factors motivating jurors toward extreme verdicts. The approach outlined in the book Nuclear Verdicts by Tyson & Mendes partner

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Encourage Juror Note-Taking (and Take Notes Yourselves)

Adapting to Jurors, Comprehension / /

By Dr. Ken Broda-Bahm: In our increasingly digital world, the idea of taking notes the old-fashioned way with paper and pen can feel quaint. Yet, many of us still do it. For those jurors who are permitted to take notes, they are almost certainly doing it the old-fashioned way. New research, however, continues to demonstrate

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