By Dr. Ken Broda Bahm: The peremptory strike is a well-established tool for addressing bias within a future jury. While the strike has its critics, the case is strong for having a method to address bias that is real but falls below the threshold of a demonstrable cause challenge. In dealing with potential jurors, the peremptory
By Dr. Ken Broda Bahm: Inoculation is a well known, persuasive technique. The idea is that, instead of waiting for your opponent to share a piece of information or lay out an argument, and then responding by showing that the information or argument is wrong, the advocate should anticipate that move and make sure your
Inoculate by Teaching the Technique and Not Just the Error Read More »
By Dr. Ken Broda Bahm: Many have observed the continued decline of the civil jury trial. One reason trial by jury is falling out of favor in civil disputes is that parties and counsel treat it like the ultimate mystery, and this uncertainty makes the alternate ways to resolve the dispute look a lot safer.
Use Community Attitude Surveys as an Uncertainty Reduction Strategy Read More »
By Dr. Ken Broda Bahm: Persuaders win by convincing decision-makers that their story is more “real” than the alternative. But what if the foundation for that choice, the notion that there is a “real” to aspire to, is eroding? If it is, then advocacy in all kinds of settings, including the courtroom, is in trouble.
Expect the “Fake” to Get Very Real Read More »
By Dr. Ken Broda Bahm: When you read a good novel, you sometimes can’t wait until it’s made into a major motion picture. While the scale might be smaller in the legal publishing world, the benefits of extending an initial vision are parallel. In this case, it is a great article that has now become
Empower Your Witness: A Review of “Reinventing Witness Preparation” Read More »
By Dr. Ken Broda Bahm: The presence of more than one party on the defense side of the courtroom can create an interesting dynamic. In the heat of negative evaluation, it might be psychologically comfortable for some defendants to have company, creating the feeling that “we’re all in the same boat.” And, more practically, it can create
Beware of Joint Evaluation in Multi-Defendant Cases Read More »
By Dr. Ken Broda Bahm: When advice is given on a general subject, it can sometimes sound a bit like platitudes. And, as with platitudes, it often seems like one cancels out the other. “Look before you leap,” the saying goes, but, “He who hesitates is lost.” The advice given to a witness before testimony
Find the Balance in Witness Preparation Read More »
By Dr. Ken Broda Bahm: Given the nature of my involvement in cases, I’m not often present in the courtroom when the jury receives its instructions. But I remember one time that I was. As the judge read out the sections focusing specifically on the credibility of witnesses, I thought, “This is deeply misleading…if not
Instruct the Jury Accurately on Witness Credibility Read More »
By Dr. Ken Broda Bahm: There is an old saying attributed to Mark Twain, that “A lie can travel halfway around the world while the truth is still putting its shoes on.” Based on a recent large-scale MIT study, that turns out to be pretty accurate. The study, released this past week in the journal Science (Vosoughi,
Use the Features that Make the Fake News Fly Read More »
By Dr. Ken Broda Bahm: As a litigation consultant with an academic background, I am in a unique position: I stay abreast of the social science research (the blog schedule makes sure of that), but I also spend my days working with trial lawyers on the practical needs of cases going to trial. From that
Take a Second Look at Why Per Diem Damage Requests Work Read More »