By Dr. Ken Broda Bahm: When your trial-bound case faces complexity, possible juror bias, or potential juror hardships — which is to say, when you have a trial-bound case — you could benefit from a supplemental juror questionnaire, particularly when the questionnaire is customized to the issues of the case and is administered and collected before […]
Don’t Ignore the Elephant: The Manafort Juror Questionnaire Read More »
By Dr. Ken Broda Bahm: Lately, the nation has been divided, again, on a critical question of public policy. And, again, that division reveals some stark differences in the ways each side views the facts and understands the values at stake. This time, the issue involves the policy of forced family separation of undocumented immigrants,
Expect Jurors to Blur Facts and Opinions Read More »
By Dr. Ken Broda Bahm: In the lead-up to a mock trial, the clients often and understandably hope for a win. After all, a win might help to steady their resolve and buttress their hopes heading into the courtroom. But you know what is even more useful than that? Actually learning something to help make
Make it Hard on Yourself: Eight Ways to Make Your Mock Trial a ‘Worst-Case’ Test Read More »
By Dr. Ken Broda Bahm: How do you spot a racist? Or, to be more on point, in a legal case about racial discrimination, or another case where racial biases would matter to the assessment of the case, the parties, or the witnesses, how do you recognize potential racial animus in order to inform your cause
Attitudes on Race: Consider that the Dog Whistle May No Longer Be Necessary Read More »
By Dr. Ken Broda Bahm: I have had a long-running interest in Don Keenan and David Ball’s perspective on plaintiffs’ trial and discovery advocacy called “The Reptile,” the notion that one can motivate jurors to side with a plaintiff by tapping into the tendency of the primordial reptile brain to flee from threats and gravitate
Be Craftier than the Snake: Observations from DRI’s 2018 ‘Reptile’ Seminar Read More »
By Dr. Ken Broda Bahm: Litigation is often complex and often unwanted. So sometimes, you want someone to manage that litigation to a swift and clear conclusion. Other times, however, the forum of the trial is actually what is best for your client. As noted by many, trial judges are increasingly seeing it as their
Turn Your “Litigation Manager” Back Into a Trial Judge Read More »
By Dr. Ken Broda Bahm: Lately, I’ve seen increasing reports of people voluntarily separating themselves from the news. Often, this means taking a break from Facebook and its ubiquitous “Newsfeed.” In other cases, however, it involves people sounding the retreat on watching the news or reading the paper. For some, it means being more selective,
Account for News Fatigue Read More »
By Dr. Ken Broda Bahm: Experts know things. That’s what makes them experts. That is why they’re allowed in court: to inform the jury’s or judge’s understanding. Once there, of course, they are picked apart by an adversary with the goal of making them look wrong or foolish. In that context, a defensive feeling can kick in: Don’t give an
Admit it Experts, You Don’t Know Everything Read More »
By Dr. Ken Broda Bahm: In the long-running legal battle between mobile phone titans Apple and Samsung, the former just received a verdict of $539 million for the latter’s infringement of five design and utility patents. After spending days on the calculations, the San Jose jury returned an amount that seemed to be driven by calculations: exactly $533,316,606
Remember, With Damages It’s the Message and Not Just the Math Read More »
By Dr. Ken Broda Bahm: In popular culture, and to some extent in the preparation of trial lawyers, the ultimate focus is the trial. We think of that as the pinnacle moment for advocacy: in the courtroom, looking into the eyes of the judge or the jurors. Increasingly, however, that isn’t the reality. According to
Deploy Your Trial Message When It Matters Most: Pretrial Read More »