By Dr. Ken Broda Bahm: The judge looks up at the parties before her, exasperated. Frankly sharing her view that this case really needs to settle, she also implicitly wields the undecided pretrial motions as a weapon. “Let’s resolve this case” is her message, “or you really may not like the result!” In this kind of scenario, […]
Resist the Judge’s Nudges: Sometimes Trial Is Better Than Settlement Read More »
By Dr. Ken Broda Bahm: The trial consulting field seems to fly mostly under the radar. As a part of the attorney’s confidential work product, our role in conducting research, preparing witnesses, and helping to advise on jury selection is not generally in the public’s view. But with some regularity, the topic comes up, with
See Trial Consulting as a Proper Part of the Adversarial System Read More »
By Dr. Ken Broda Bahm: In trial, many things are planned in advance, but some things are reactive during the moment. When you can control it, you’ll meticulously plan it before trial and then execute your plan during trial. However, when you don’t have that luxury, you need to react on a moment-to-moment basis. It
Rein In Your Redirect Read More »
By Dr. Ken Broda Bahm: These days we’re pretty used to digital displays. What we once did with a marking pen, or later with a computer and printer, can now be displayed more easily, and often more impressively, on a screen. All of us are used to seeing our news (and reading our blog posts)
Be Multi-Modal in Your Courtroom Visuals Read More »
By Dr. Ken Broda Bahm: Defense attorneys at this point, should have at least some familiarity with the Reptile approach that the plaintiffs’ bar is using as a route to persuasion. The idea of framing cases based on personal fear and threats to community safety has made significant inroads in medical negligence, products liability, personal
Look Out for the Reptile Mediation Read More »
By Dr. Ken Broda Bahm: For someone starting out in a career, or in some other situation where credibility will be required, there is an expression: “Fake it until you make it.” In other words, if you act like you’ve got it, then people are going to believe that you’ve got it…and then you’ll have it.
Witness Testimony: Understand the Confidence/Competence Circle Read More »
By Dr. Ken Broda Bahm: Here’s the situation. A large number of strangers are gathered in a formal courtroom — a hushed atmosphere, dark-wood paneling, flags for the state and the U.S., a raised bench with a stern-looking judge. Nothing about that situation says, “Get ready to candidly share your personal beliefs and attitudes!” In
In Voir Dire, Create a Context for Candor Read More »
By Dr. Ken Broda Bahm: About once every other month, I will present at a seminar for doctors and other medical professionals. They attend because they’ve been sued and they’re learning how to cope with their newfound role in the legal process. At one point in the seminar, a psychiatrist presenting on litigation stress will usually
Add Mock Trial to Med School Read More »
By Dr. Ken Broda Bahm: Testifying is difficult enough already. You’re trying to give complete and honest answers while a trained attorney is asking hypotheticals, making distinctions, digging into details, sometimes applying arcane legal standards and language, and all the while, hoping to trip you up. Now, imagine trying to do that in a language
Testifying in English When It’s Not Your Native Tongue? Use That Advantage Read More »
By Dr. Ken Broda Bahm: Across the U.S., physicians are increasingly allowed to say “I’m sorry” without it being used as evidence against them in court. These apology laws, now on the books in 39 states and the District of Columbia, are directed at reducing the risks and the costs of litigation. Reformers, including physician and
Doctors, Don’t Expect a Partial ‘Sorry’ to Reduce Liability Read More »