By Dr. Ken Broda Bahm: Let’s consider the life cycle of the Reptile — not the slithering, cold-blooded animal, but the strategic approach to arguing plaintiffs’ cases advocated by David Ball and Don Keenan. That perspective, trying to win by appealing to the fear response of the “reptile brain,” is thought of as a trial strategy. Defense […]
The Plaintiff Is a Reptile, so Turn Your Witness into a Mongoose Read More »
By Dr. Ken Broda Bahm: Add this one to the list of reasons why sequestering the jury can be a problem, and more generally, to the “Juries can do strange things” category. The night before deliberations, at the end of a five-week murder trial, four jurors gathered in a hotel room as the others slept.
Don’t Underestimate Just How Much Jurors Want to Reach an Independent Decision Read More »
By Dr. Ken Broda Bahm: The jurors have made it through the trial, reached their verdict, received their thanks, and are headed to the exits. How do they feel about their experience? What do they think the lawyers did well, and what do they think the lawyers could have done better. Chances are, we can
Give the Jurors What They Want: 10 Golden Rules Read More »
By Dr. Ken Broda Bahm:In the game of chess, the difference between a novice player and an experienced player can be boiled down to two words: thinking ahead. The experienced player doesn’t just move their piece’s toward the opposing king. The experienced player tests each possible move and anticipates what the other player will do
Witness Preparation: Teach the Second Level of Response Read More »
By Dr. Ken Broda Bahm: You’ve heard the expression: “Familiarity breeds contempt.” Maybe there is a relationship between the two, but in the courtroom, and in the practical task of assessing experience and attitudes during voir dire, they are two different things. First, there is the question of how much knowledge and experience jurors will
The Oil and Gas Juror: Look for Both Familiarity and Contempt Read More »
By Dr. Ken Broda Bahm: What a potential juror thinks is, of course, critical to the decision to keep or to strike. But that notion of “what she thinks” means, not just her opinions, but also the broader attitudes and dispositions that lie beneath the surface. That’s why the gold standard in voir dire is to
Consider the Complacent: Belief in a Favorable Future (BFF) Isn’t Always Your Friend Read More »
By Dr. Ken Broda Bahm: Last Thursday’s verdict marked a dramatic reversal, and was hailed as a sign of the times. Bill Cosby was found guilty on all counts in the drugging and sexual assault of Andrea Constand 14 years ago. She is one of 60 women accusing the comedian, and the trial represented a second
Understand the Legal Challenge, Even in a #MeToo Era Read More »
By Dr. Ken Broda Bahm: It is well-known at this point that civil trials are giving way to settlements. One of the factors that make settlement the more attractive alternative is that settlement is an uncertainty-reduction strategy: The known amount of cash in or out of pocket reduces the risk of the unknown for both
Consider How Jurors Arrive at Damages Numbers: In Stages and With Difficulty Read More »
By Dr. Ken Broda Bahm: In all facets of persuasion, and human communication for that matter, we are now used to dealing with a pretty polarized world. Addressing or responding to anything having to do with current events always involves a quick mental check on your audience and what their latitude of acceptance is likely
See Ideology as Cognitive and Not Just Political Read More »
By Dr. Ken Broda Bahm: It is part of the received wisdom of popular psychology: People have different learning styles. You reach “auditory learners” by explaining it to them verbally, “visual learners” by showing them graphics, “reflective learners” by giving them something to ruminate on, and “kinesthetic learners” by having them get up and do it.
Don’t Adapt to ‘Learning Style’ Read More »