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 »
By Dr. Ken Broda Bahm: Several years ago, I sat in a courtroom in Pennsylvania, assisting the defense in a capital murder jury selection. The process was involved, and potential jurors were interviewed one at a time after completing a comprehensive questionnaire. Naturally, we had scored all the questionnaires, so we had a very good
Avoid Juror Self-Sabotage Read More »
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 »