By Dr. Ken Broda Bahm: The divisions in this country are not just political, they also relate to attitudes toward responsibility. In a survey and study conducted this past month (July, 2019), we asked respondents about their views of individual versus collective responsibility. In response to a question that offered two choices on how they […]
Identify the Four Tracks of Personal Responsibility Read More »
By Dr. Ken Broda Bahm: Attorney: “To help prepare you for your testimony, let’s review what they’re going to ask about. They’re going to ask about Smith’s performance reviews.” Witness: “Okay, I can talk about these…” Attorney: “Great, so…Why would you terminate Smith after rating him excellent just three weeks earlier?” Witness: “Well, I think
Witness Prep: Don’t Blur the Line Between Practice and Discussion Read More »
By Dr. Ken Broda Bahm: The big moment finally arrived. After two years of investigations and fast-churning news cycles, Robert Mueller, the former Special Counsel who focused on Russian election interference and obstruction claims involving the President, finally arrived to testify before the House Judiciary Committee and the nation. But if House Democrats expected him
Experts, No Your Work Can’t Just Speak for Itself Read More »
By Dr. Ken Broda Bahm: Many to most of my readers will be old enough to remember when there was no Internet. Or, perhaps, you’ll remember a time when “going online” meant connecting through a noisy modem and a telephone line. Even more of you will remember a time when you didn’t have an internet-connected
Adapt to the Online Brain Read More »
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
Remember, an Open Mind is a Finite Resource Read More »