By Dr. Ken Broda Bahm: Sometimes advocacy is 100 percent: Everything your client did, literally everything, was right. But other times — more often I would say, if we’re being honest — there is something that isn’t perfect. The defendant made some mistakes in how it handled the situation, or the plaintiff missed some steps when […]
Distinguish Between Hard and Soft Admissions of Fault Read More »
By Dr. Ken Broda Bahm: Sometimes a theme captures the public imagination, and a dominant narrative comes into common use as an explanation for much of what is going on. Right now, that theme is corruption, and it is a narrative of powerful people doing the wrong things and keeping them a secret. It is Republicans
Corporate Corruption: Expect Sensitized Jurors Read More »
By Dr. Ken Broda Bahm: Imagine that, after decades and generations of legitimate complaints relating to sexual harassment and abuse being played down and dismissed, they were — finally — being taken seriously. In the worlds of business, politics, and entertainment, powerful men are being forced out, as each day brings a new series of
Look Out for a #MeToo Backlash Read More »
By Dr. Ken Broda Bahm: “Entitlement” is the belief that one is deserving of privileges and special treatment. We’ve heard of entitled children, entitled Millennials, entitled wealthy, entitled college students, entitled new employees, entitled partners…. What about entitled jurors? Might there be some in the deliberation room who feel that they deserve to chart their
Consider the Entitled Juror Read More »
By Dr. Ken Broda Bahm: After a couple of weeks of “Will they or won’t they” palace intrigue involving Congress, the White House, the FBI and the DOJ, on Friday afternoon, the House Intelligence Committee finally released a four-page, declassified memorandum alleging that law enforcement officials had abused the Foreign Intelligence Surveillance process in obtaining
Treat Suspense as a Two-Edged Sword Read More »
By Dr. Ken Broda Bahm: Maybe the mistake is in treating it as a “duty,” knowing that the things we do out of obligation are unlikely to be looked upon with anticipation and excitement. But “jury duty” is often framed as something to dread. Certainly, there are a great many stories of people who appreciated
Listen to Bitter Jurors (and Make It Better) Read More »
By Dr. Ken Broda Bahm: Those of us who work at the task of conducting and preparing for trials likely have a different view of the American jury than those who don’t. Where critics might see jurors as emotionally-driven, capricious, and hopelessly out of their element, we, based on our experience, are more likely to
Keep the Jury in Medical Malpractice Trials Read More »
By Dr. Ken Broda Bahm: Could artificial intelligence settle your case? In other words, could a smart computer algorithm separate out the emotions, compare the interests, and distill the positions down to their best logical resolution? Maybe not immediately, but the question is not as silly as it might seem. Artificial intelligence is already making
Learn from AI in Settlement Negotiations Read More »
By Dr. Ken Broda Bahm: Jury selection presents a difficult challenge to trial lawyers, and calls for skills that are generally out of step with the rest of what they’re expected to master in order to get from filing to verdict. At the point of empaneling a jury, lawyers are expected to listen more than
Know the Principles: A Review of the “Jury Selection Handbook” Read More »
By Dr. Ken Broda Bahm: Politics matter, and not just when voting. The preference for your team and tribe, your perceptual filters, your values and priorities, as well as your sources for news and information are all going to depend on your political identity. But what does political identity mean these days? One thing that’s
Update Your Understanding of Political Identity Read More »