By Dr. Ken Broda Bahm: Those of us who work in trial preparation and case assessment are in a remarkable new reality as trials across the country are on indefinite hold. Unlike some past natural disasters and economic disruptions, the one is not regional or confined to specific industries, but is instead worldwide and includes […]
Take Care in Settling During a Crisis Read More »
By Dr. Ken Broda Bahm: While it still might be a stretch, it is a lot more thinkable now than it was two weeks ago. The jurors sit down separately in front of their screens, log in, and watch while the attorneys and witnesses present the evidence, and the judge makes rulings and provides instructions.
Plan for Online Jury Trials Read More »
By Dr. Ken Broda Bahm: Okay, show of hands: Two weeks ago, how many of you were familiar with Zoom, Webex, GotoMeeting, and/or MS Teams? And how many of you are familiar with them today? These tools for multi-party videoconferencing over the internet have been around for years, and in some law offices have even
Adapt to Remote Communication (Including Testimony) Read More »
By Dr. Ken Broda Bahm: Most of us are now entering our second week, or longer, of isolation to maintain social distance, limit transmission, and help “flatten the curve” of the current Coronavirus pandemic. For lawyers, of course, that generally means working from the home office. For others, though, it can mean days of “Netflix
Understand Narrative: Why People Watch Disaster Movies During a Disaster Read More »
By Dr. Ken Broda Bahm: One after another, like dominos, court systems are shutting down or moving to drastic restrictions. In the process, court dates are being pulled and cases are moving into limbo. As that happens to your own once trial-bound cases, you think, “What now?” What do you do with the time that you
Keep Learning While Your Case Is in Limbo: Seven Ways to Use the Pause Read More »
By Dr. Ken Broda Bahm: As the Coronavirus spreads, and mock trials are being rescheduled, many courts are restricting operations or shutting down completely, and people are rapidly adapting to a new normal of restricted events and “social distancing.” So, what’s with the run on toilet paper? Partly, you could say it is a rational
Expect Some “Terror Management” in any Juries that are Still Going to Court Read More »
By Dr. Ken Broda Bahm: A few weeks ago, presidential primary candidate Joe Biden seemed to be on his way to a quick exit from the race. He didn’t have the crowds, didn’t have the stand-out debate performances, and most importantly, didn’t have even a top-three finish in the early primaries and caucuses. But then
Learn from “Joe-mentum” Read More »
By Dr. Ken Broda Bahm: Last week, I wrote about the defense team in the recent criminal case against Roger Stone, and their post-conviction focus on the alleged bias of the jury foreperson. More recently, I saw news of a parallel tack being taking by the former Hollywood producer Harvey Weinstein, following his conviction for
Don’t Expect to Overturn Verdicts by Targeting the Jurors Read More »
By Dr. Ken Broda Bahm: When Trump associate Roger Stone was sentenced last month for obstruction of Congress and witness tampering, there was some pushback from media, Stone’s legal team, and the President himself targeting the jury’s foreperson, a focus of a recent post in this blog. As part of that pushback, we have seen some
Ask the Court to Help You Look for Stealth Jurors Read More »
By Dr. Ken Broda Bahm: The art of training legal advocates has a long and honorable history. For example, the Socratic method used in law school is still an unbeatable way to teach critical thinking. But what about trial advocacy? On that score, many programs like NITA and some of our firm’s in-house programs have
Use B.A.T.A. to Get Better Read More »