By Dr. Ken Broda Bahm: You’re heading to trial and there is one last hurdle: the mandatory settlement conference that your judge is gunning for. He has signaled at every opportunity that he thinks this is a case the parties should resolve prior to trial, and that nothing would please him more than to have […]
Let the Judges Judge (and Not Settle Cases) Read More »
By Dr. Ken Broda Bahm: There’s an old expression: “You can catch more flies with honey than with vinegar.” Assuming that your goal is not to actually catch flies, but instead, to get what you want in some kind of negotiation, the expression means that a warm and friendly approach will be best. And I
Be “Tough and Firm” Rather than “Warm and Friendly” in Negotiations Read More »
By Dr. Ken Broda Bahm: A couple of witnesses had about the most high-profile testimony turn imaginable the other day. As the public phase of the House impeachment hearings got underway on Wednesday, the first up to bat were George Kent, top State Department official for Eastern Europe, and the acting U.S. Ambassador to Ukraine,
Witnesses, Return to Your ‘Home Base’ Where Possible Read More »
By Dr. Ken Broda Bahm: It looks like we are heading into another one of those times, like the OJ or Casey Anthony trials, when all of the nation’s attention will be fixated on an interesting and high-stakes legal process. As the impeachment inquiry moves into the public realm this week, it is sure to
Trial Lawyers, Watch how Americans Watch the Impeachment Process Read More »
By Dr. Ken Broda Bahm: What started with an anonymous whistleblower report regarding President Trump’s pressure on the government of Ukraine to investigate his political opponents has blossomed into a parade of witnesses testifying in a soon-to-be public House impeachment inquiry. So, who was this whistleblower? A lot of people really want to know. Kentucky
Whistleblowers, Remember Credibility is Still Part of the Story Read More »
By Dr. Ken Broda Bahm: I spoke with some defense attorneys recently who were surprised to learn of existence of third- party litigation funding groups. These financial companies who will front cash for litigation and trial expenses in hopes of recovering if the case succeeds, have been around for awhile. But the field is still
Think About Your Case Like an Investor Read More »
By Dr. Ken Broda Bahm: Since it’s Halloween, let’s consider a frightful topic. Experienced trial lawyers usually get past their stage fright early on, and even come to relish the idea of standing in front of a jury, or most any audience. But younger attorneys, law students, or those who simply haven’t had that many
Fight Your Stage Fright by Reframing Read More »
By Dr. Ken Broda Bahm: There’s a cartoon that shows the philosopher, Plato, sitting on the grass of Athens with a modern-day politician (variously, it is Karl Rove or Donald Trump), with the latter character saying to Plato, “But surely you agree that truth can be created by the repetition of a lie.” We might think
Look Out for the Illusory Truth Effect Read More »
By Dr. Ken Broda Bahm: The law allows counsel on the other side to deliver their opening statement first, so they get the early opportunity to tell you their story. But, there are two sides to every story. And, despite all you have heard, I encourage you to keep an open mind… That is a
By Dr. Ken Broda Bahm: So you’re conducting the cross-examination and the witness is fighting like a 300-pound marlin at the end of your fishing line. And they’re not fighting by legitimately drawing distinctions or by using their own words, they’re fighting with obvious evasion and misdirection. It’s frustrating. You feel like slipping into a
Examining Attorneys, Keep Your Cool Read More »