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 »
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 »