By Dr. Ken Broda Bahm: In the wake of recent verdicts, one defense team might be seeing its hopes of convincing jurors to follow its scientific advice going up in a cloud of smoke…or perhaps a cloud of potentially carcinogenic talcum powder. One manufacturer has lost a string of suits, most recently in April ($117 million […]
Encourage Your Juror to Think Like a Scientist Read More »
by Dr. Ken Broda Bahm: One way to stir up a controversy is to talk about the social expectations that apply to female litigators. The ABA Journal recently played host to that discussion after an article by Debra Cassens Weiss on showing anger in the courtroom quoted an essay in The Atlantic by former pubic defender and current law professor
Female Attorneys: Don’t Expect Anger to Work (as Well) for You Read More »
by Dr. Ken Broda Bahm: The two terms are often used interchangeably, but “rebuttal” doesn’t mean the same thing as “refutation.” The latter amounts to an attack on the arguments of the other side, and the former means rebuilding your own arguments after they’ve been attacked by the other side. Trial lawyers have a practical
Rebuttal: End With Your “Untouchables” Read More »
By Dr. Ken Broda Bahm: I’ve shared before on these pages that I decided to learn music at an age where most people have either mastered their musical instrument or made peace with their inability to play one. Prompted by my daughter’s interest, I decided to have a go at guitar a few years ago, and with
Find the Music in Your Theme Read More »
By Dr. Ken Broda Bahm: Recently, I was running a mock trial exercise with three retired judges. Reviewing the testimony, one shared a skepticism toward the “hired-gun” engineers they had heard, and opined that what is “more important is the intuitive sense about the nature of this subject area.” The other two judges quickly nodded
Experts: Be Experienced, Confident, and Visual Read More »
By Dr. Ken Broda Bahm: Your opening statement is a lot of firsts. It’s the first opportunity for your judge or jury to hear the story; the first opportunity to hear a preview of your evidence and argument; the first opportunity to see you on your feet as an advocate for a sustained period of
Open for Business: Top Posts on Opening Statement Read More »
By Dr. Ken Broda Bahm: What do we expect of our leaders? If you think about it in a political context, and if you get past your initial cynical thoughts about self-interest and corruption, then perhaps what you hope for is that our leaders make decisions with us in mind: that they think about what
Expect Jury Leaders to Act as Individuals, not Representatives Read More »
By Dr. Ken Broda Bahm: We all recognize the scene from a crime drama. Sometime late at night, under the dim lights of the state’s forensic lab, the results emerge from the sophisticated lab equipment: It’s a match! There is now no doubt whatsoever that we’ve found the killer. In the genre of criminal process
Measure Your CSI Effect Read More »
by Dr. Ken Broda Bahm: Let’s say you’re a plaintiff’s attorney, and let’s also say you have a particular niche in personal injury law: amusement park accidents. And, as much as you might feel that primal fear on the “Mind Eraser” high-speed roller coaster, amusement park accidents are actually pretty rare. Thanks to safety standards
Expect Threat Perception to Increase, Even as Actual Threats Decrease Read More »
by Dr. Ken Broda Bahm: So you are sizing up that potential juror, wondering what she is probably thinking about you, your client, and your case. You think, “African-American woman, lives in the city, works for the government…I’ll bet she considers my client to be just one more rich and out-of-touch corporation, abusing the people
To Understand Others, Rely on Conversation Not Speculation Read More »