ken.brodabahm, Author at Your Trial Message

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

Adapting to Jurors, Mock Trials and Focus Groups / ken.brodabahm / April 2, 2024

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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(Safely) Combat Safety Absolutism

Bias, Themes / ken.brodabahm / March 26, 2024

By Dr. Ken Broda-Bahm: Recently, civil defendants have been interested in a new label: “Safetyism.” The idea focuses on a pervasive and increasing attitude in the jury-eligible population that demands unrealistic standards when it comes to protecting customers, patients, and the general public. The name, I think, might be a little deceptive, because it isn’t

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Defense Opening: Repair Credibility First

Adapting to Jurors, Opening Statement / ken.brodabahm / March 20, 2024

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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Be Ready for a Reptile-Reboot

Adapting to Jurors, Strategy / ken.brodabahm / March 12, 2024

By Dr. Ken Broda-Bahm: The “Reptile” approach to trying civil cases by targeting a fear response has transitioned from being a novelty to being a mainstay in a little more than a decade. While the approach has not always been taken seriously by defendants, it has been the North Star for many on the plaintiff’s

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Encourage Juror Note-Taking (and Take Notes Yourselves)

Adapting to Jurors, Comprehension / ken.brodabahm / March 5, 2024

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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Expect Jurors to Mix Fact and Opinion

Adapting to Jurors, Testifying Effectively / ken.brodabahm / February 29, 2024

By Dr. Ken Broda-Bahm: The distinction between what is fact and what is opinion is arguably one of the most fundamental distinctions in law. But in practice, it is actually a lawyer’s distinction. In the real world, and in the minds of many jurors and some judges, facts and opinions end up being combined and mixed. The

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Improve Voir Dire: A Trump-Jury Example Script

Voir Dire / ken.brodabahm / February 22, 2024

By Dr. Ken Broda-Bahm: In just over a month, barring any unforeseen delays, New York prosecutors and attorneys for criminal defendant Donald J. Trump will be picking a jury in what’s become known as the “hush money” case. The March 25th trial focuses on the payments the defendant made to former porn star Stormy Daniels

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Be Visual: Develop Your Demonstrative Case as You Build your Substantive Case

Visual Communication / ken.brodabahm / February 13, 2024

So your trial is coming up soon, and it looks like it will definitely happen. So now is the time to get a graphic designer to start developing some of your themes and arguments into clear and persuasive graphics, right? Wrong! The time to have started that is long past. If you develop graphics at

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Fish for a Good Cause Challenge

Bias, Voir Dire / ken.brodabahm / February 6, 2024

By Dr. Ken Broda-Bahm: In my work, I get to watch many attorneys go through the practical rituals of jury selection. A big part of the job is looking for, setting up, and executing challenges for cause when there are reasons to doubt potential jurors’ ability to be fair in following the law and the

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Defendants, Reduce the Risk of Your Verdict Going Nuclear

Damages / ken.brodabahm / January 30, 2024

By Dr. Ken Broda-Bahm: In the most recent verdict against former President Donald Trump, the jury awarded quite a bit more than the plaintiff had asked for. In the case of the $83.3 million defamation award made to the writer, E. Jean Carroll, we have a special case: a defendant who did just about everything

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Your Trial Message

(formerly the Persuasive Litigator blog)

Author name: ken.brodabahm