By Dr. Ken Broda Bahm: Defendants in many areas of litigation are likely familiar at this point with the Reptile approach to trying plaintiffs’ cases. A central pillar of the strategy, and its namesake, is the idea that personally-relevant fear appeals can be wielded in order to awaken the primitive, or ‘reptile,’ regions of the
Consider This Version of the Reptile: It’s Not Fear, It’s Anger Read More »
By Dr. Ken Broda Bahm: In the real world, disputes are often settled by someone with more or better knowledge, or at least someone claiming to have more or better knowledge. The courtroom, however, is different. It is a setting that is designed to ensure equality of knowledge. When it comes to the information that
By Dr. Ken Broda Bahm: Speaking for most of us in the field of specialists who advise on jury selection, we like to say that “demographics are the least useful” of the factors that you might consider when you are evaluating a venire panel. Their experiences and their attitudes are critical, providing a foundation for
Expect Greater Blame from Older Americans Read More »
By Dr. Ken Broda Bahm: When an alleged hazard exists and causes a person to be injured, then maybe a business might think about fixing it. But would the fix amount to a confession and cause the business to own that prior liability? That’s the question that motivates Rule 407 in the Federal Rules of
Understand the Two-Edged Sword of Subsequent Remedial Measures Read More »
By Dr. Ken Broda Bahm: Medical practitioners know that, for all its wonders, modern medicine is still a matter of chances not guarantees. In other words, in practice, medical interventions are often a matter of improving the patient’s chances at life and quality of life, but not necessarily guaranteeing success at either. That tends to
Know What Drives Juror Perceptions of Medical Device Liability Read More »
By Dr. Ken Broda Bahm: In Part One of this two-part post, I discussed the remarkable success of the “TED Talk” formula in repopularizing the idea of a single-speaker, large-audience presentation. I noted that the format is worth looking at for lawyers and others who present legal CLE’s, often in front of large conference audiences.
Learn from TED: Present Your Best in Front of Large Audiences (Part Two) Read More »
By Dr. Ken Broda Bahm: In a fast-paced technological age, it is refreshing that the simple act of a person giving a speech still has some legs. The “TED Talk” formula of an 18-minute presentation continues to be popular, with more than 2,500 official TED Talks and nearly 100,000 talks in the affiliate “TEDx” network,
Learn from TED: Present Your Best in Front of Large Audiences (Part One) Read More »
By Dr. Ken Broda Bahm: In our age, the social networks and airwaves are awash in fake news and rumors of fake news. In that context, it seems, people respond by seeking refuge in their own fortresses. That means doubling down on their core ideological beliefs and rejecting anything that comes from a different perspective.
Practice Prebunking Read More »
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 »