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 »
By Dr. Ken Broda Bahm: When you stand in front of a jury, laying out your opening story or closing your arguments, who are you talking to? “To the jury, of course.” Yes, but which jurors in particular? The conventional wisdom is that you should be talking to your tougher audience. In other words, in
Choose Your Persuasive Target Read More »
by Dr. Ken Broda Bahm: When we engage in arguments, perhaps on social media or even around the table at Christmas dinner, it is easy to notice that there is something different about those at the extremes. Extremists are so filled with confidence about all of their beliefs, while those in the middle are likely
Beware of Extremist Bias Read More »
By Dr. Ken Broda Bahm: Let’s say the client you represent in litigation did something wrong. And, let’s further say, that they understand that they need to admit it and ask a jury to get past it. There’s still a case to be tried: Maybe it focuses on damages, or on causation, or on some
Client Made a Mistake? Focus on the Factors of Forgiveness Read More »
By Dr. Ken Broda Bahm: Yesterday was an historic day in the U.S. House of Representatives. For more than eight hours, Democratic and Republican members of the body gave short alternating speeches for and against the motion, before impeaching Donald Trump for abuse of office and obstruction of Congress. Watching the livestream on background as
Reduce Repetition: Four Ways to Break the ‘We’ve Heard This’ Reaction Read More »
By Dr. Ken Broda Bahm: Once, while I was monitoring a science-intensive agricultural contamination case, we asked permission for one of our expert witnesses to have the jurors peer into a dark box where they could see a petri dish with a bacteria culture under a black light. Our expert, not knowing better as it
Use Physical Exhibits: Be 3-D Read More »
By Dr. Ken Broda Bahm: Every day, we are reminded that we live in a new age that can be called “post-truth.” We pay a lot of attention to external sources of misinformation, whether it is motivated public figures, partisan news networks or questionable private news blogs, not to mention the variety of memes, bots,
Expect that Jurors Might Generate Their Own Fake News Read More »