By Dr. Ken Broda Bahm: Sometimes as a defendant, you find yourself in the position where you need to admit to at least some part of the plaintiff’s liability claim. The plaintiff really was injured, and there really was a step that was skipped on your end. While you still might have other claims, causation, […]
Voir Dire on Admitted Liability Read More »
By Dr. Ken Broda Bahm: Watching a mock jury deliberate about damages can give you the idea that when it comes to numbers, jurors can be a little random. For example, a jury might see a big difference between $500,000 and $1 million in one moment, and then act as though there is little to
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By Dr. Ken Broda Bahm: Trial lawyers are used to persuading with their arguments and with their evidence. But what about the voice? It stands to reason that tone matters, but does it matter enough to influence persuasion? Some attorneys, even while understanding that they need to be heard and need to keep an active
Persuade With Your Voice Read More »
By Dr. Ken Broda Bahm: This past week, the U.S. Senate impeachment trial started in earnest, and the House Managers began laying out the arguments underlying the two Articles of Impeachment. While opinions are divided on the quality of the presentations as much as they’re decided on the substance of the charges, one clear star
“Let That Sink In:” Learn from Adam Schiff’s Rhetorical Pause Techniques Read More »
By Dr. Ken Broda Bahm: Litigators are used to arguing, refuting, and persuading. When it comes to selecting jurors, they’re also used to uncovering bias. But what is “debiasing”? While my spellchecker continues to reject the term, academics have been applying and studying the concept for many years. It means reducing or mitigating the effects of a
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By Dr. Ken Broda Bahm: The chance to interview a juror is a precious opportunity. Whether it is a mock juror interviewed in the course of a focus group or mock trial, or an actual juror interviewed after they are dismissed at the end of trial, an interview can help you to get inside their
Interview Your Jurors with Purpose: Eight Ways Read More »
By Dr. Ken Broda Bahm: The lawyer preparing their case likely goes through a long list of, “What will they think about…” questions, relating to the facts, the evidence, the arguments, and the law. Eventually, that attorney might get to the question, “And what will they think about me?” Or, maybe not. I think attorneys tend
Treat Your Credibility as Central, Not Peripheral Read More »
By Dr. Ken Broda Bahm: Both theory and experience say that there are two kinds of thinking. One is focused thinking, zeroing in on a topic, analytically and systematically. The other is diffuse thinking, abstract and constrained only by association or whim. If focused thinking marches across the terrain with destination and purpose, then diffuse
Focus on the Focused, but also Deal with the Diffuse Read More »
By Dr. Ken Broda Bahm: The habit of sort of just filling in your speech with expressions of uncertainty, when you’re not really that uncertain, is probably a bad habit. I mean, I am fairly sure that these hedges cut down on your perceived confidence, and I think they most likely make you a somewhat
By Dr. Ken Broda Bahm: Harvey Weinstein goes to trial this week. Out of approximately eighty women accusing the former Hollywood mogul of sexual misconduct over the past few decades, two assault cases will be heard by a jury this week in Manhattan. Jury selection for the case (set to take place on Tuesday) is
De-Stealth Your Potential Juror Read More »