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 »
By Dr. Ken Broda Bahm: A jury’s decision in a case will often come down to their view of fairness. That word, of course, is subjective. However, even when jurors delve into the legal instructions and understand those instructions, they often find that the law opens the door to those subjectivities, hinging as it often
Know the Political Variations on ‘Fairness’ Read More »
By Dr. Ken Broda Bahm: It isn’t uncommon for lawyers to see a jury in static terms. An attorney I once worked with referred to a jury as “twelve bales of hay.” Because it isn’t possible to fully know what a jury is thinking until the end, that fundamental uncertainty can lead some to diminish
Expect Your Jury to Grow Read More »
By Dr. Ken Broda Bahm: Lawyers tend to think of opening statement as the time for stories. But I think you’re telling a story in closing argument as well: not the same story, but a different one. And I don’t mean you should change the facts or present new evidence — a confused jury would
Tell a Different Story During Closing Read More »
By Dr. Ken Broda Bahm: Prior to deposition or trial testimony, it is common for witnesses to have one or more meetings. These are sessions with their attorneys, and sometimes with others including trial consultants or client representatives. One goal of these sessions is uncertainty reduction: both client and counsel need to know what to
Prep with Purpose: Six Best Practices for Witness Meetings Read More »
By Dr. Ken Broda Bahm: Let’s say you want to know something from your prospective juror: “Do you tend to think that corporations are basically dishonest, or not?” You get a chance to talk to them in court during oral voir dire, or even better, you get to give them a questionnaire that they’ll fill out
Questioning Jurors? Give Options Read More »
By Dr. Ken Broda Bahm: Americans finally got to see the redacted report from Independent Counsel Robert Mueller last week. The report on Trump campaign issues relating to Russian election interference raised questions in a great variety of categories, one of those categories being the accuracy of Robert Barr’s summary of that report to Congress
Summarize With Care Read More »