By Dr. Ken Broda Bahm: Sitting in a courtroom during a recent trial, I had the opportunity to hear opening statements from both the Plaintiff and the Defendant. Both sides devoted a portion of their time during these openings to stress the well-worn theme of, “What I say isn’t evidence.” Both sides emphasized that evidence […]
Stop Saying “What I Say Isn’t Evidence” Read More »
By Dr. Ken Broda Bahm: One time when I was working with an attorney getting ready for trial, I was there when the attorney learned that they would be able to give “mini-openings” prior to voir dire. But by “mini,” the court really meant “mini” — three to five minutes per side. The attorney’s reaction
Say It in Three Minutes Read More »
By Dr. Ken Broda Bahm: Here is a recent bit of media research that carries some relevance to corporate defense. According to researchers at Ohio University (Grizzard et al, 2019), when we are being entertained — reading a book, taking in a movie, or watching television — we prefer moral characters. That might seem obvious,
Highlight the Company’s ‘Character Morality’ Read More »
By Dr. Ken Broda Bahm: In the days leading up to trial, you wrestle with the task of creating an opening statement in a complex case. Of course, you remember the core advice from your very first trial advocacy class, but the sheer complexity at this stage seems to be an obstacle. “How do I even start
Develop Your Story Early Read More »
by Dr. Ken Broda Bahm: The simplest way to think about persuasion is as a transaction: You step up and make your best pitch, and then your target audience either accepts it or doesn’t. The conversational way of talking about whether our audience “buys what we’re selling” reinforces that view. But the more you think
Prime Before Persuasion Read More »
By Dr. Ken Broda Bahm: Our trial system is based on the ideal of a neutral fact-finder. And as much as the social science tells us that this blank slate does not actually exist, it remains true that jurors will try very hard to keep an open mind. No, they won’t be able to, as
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By Dr. Ken Broda Bahm: Within the last week, I have conducted two mock trials on cases that are strongly susceptible to hindsight. In both defense cases, once you know the outcome, it is very easy to see past events or conditions as big red flags predicting that outcome. But, the defense was that, without
Don’t Just Warn About Hindsight Read More »
By Dr. Ken Broda Bahm: Next time you’re in a public place, look around at all the people and what they’re doing. Looking at their phones? Yes! Nearly all of them. Now, some might be working. Some could be keeping up on the news or reading great works of literature. But it is likely that
Tap Into Your Jurors’ Reward System Read More »
By Dr. Ken Broda Bahm: First, a pet peeve I just have to get off my chest: It is not called a “podium,” it is called a “lectern.” A podium is a platform that you stand on in order to be seen by an audience. And if you don’t believe me (because you have called
By Dr. Ken Broda Bahm: It is the classic scenario for a false confession: The suspect sits in a small room answering the same questions over and over again as the detective repeating those questions grows more and more exasperated. Finally, as the suspect has been worn down by the unvarying inquisition, or perhaps out
Know the Perils of a Repeated Question Read More »