By Dr. Ken Broda Bahm: I like to scan the social science releases from ScienceDaily, and a new one caught my eye entitled, “What is the meaning of life? Ask a conservative.” The science discussed in this release shows that conservatives are more likely than liberals to view their lives as having purpose and meaning. The […]
Connect to Purpose Read More »
By Dr. Ken Broda Bahm: The witness is somewhat slumped in the chair as the cross-examination bears down on him. As the defendant, he knows he is the focus, the civil law’s version of “the perp.” As he is confronted with each of the plaintiff’s accusations, and each of the expert witness’s criticisms, he is
Witnesses, Don’t Succumb to Shame Read More »
By Dr. Ken Broda Bahm: It is one of the basics emphasized in your first public speaking class: Have a clear transition between your main points. But it is also a rule that many experienced communicators set aside or start taking for granted. As you become more comfortable with your content and your audience, you can fall victim
Think About Transitions Read More »
By Dr. Ken Broda Bahm: For plaintiffs, the topic of monetary damages can be a bit of a mystery. In making the request to a jury, the appropriately named ad damnum, the question is: How much? Obviously, more is better, but common sense and experience probably tell you that there is a point at which higher
Damages: Know Your Anchor Read More »
By Dr. Ken Broda Bahm: Our ability to understand and to talk to each other is increasingly determined by our political leanings. When we all sit down for family Thanksgiving in a couple of months, politics is likely to be off limits at many tables. But is it also off limits in the courtroom during voir
Don’t Shy Away from Politics (in Jury Selection) Read More »
By Dr. Ken Broda Bahm: The common expression of the recency effect, “Save the best for last,” says that the latter parts of a message will stick in the memory and be ready for later use. The importance of that effect in your trial message has gained some recent and somewhat unexpected support thanks to
Account for Recency in Jury Deliberations Read More »
By Dr. Ken Broda Bahm: It must be the season for corporate apologies. Twitter is sorry that it allowed itself to be a home for hate groups for so many years. Facebook is sorry that it was a gateway to companies like Cambridge Analytica and a host for Russian trolls. Wells Fargo is sorry it
Don’t Let Your Apologies Make You Sorry: The Trial Message Checklist Read More »
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 »