By Dr. Ken Broda Bahm: On October 1st, a gunman opened fire on a crowd of concert attendees, injuring nearly 500 and killing 58. In response, the President offered condemnation and condolences, but said the event should not be politicized and offered no policy changes. Thirty days later, a man drove a rented truck through […]
Expect Empathy to be Driven by Similarity Read More »
By Dr. Ken Broda Bahm: Sexual harassment is a constant issue. But sometimes there is relative silence on the subject, and sometimes there are waves of attention. Right now, one of those waves seems to be cresting. With the repeated harassment claims and settlements at Fox News, and the number of women accusing Hollywood producer
Address the Silence of a Delayed Harassment Claim Read More »
By Dr. Ken Broda Bahm: As special counsel, Robert Mueller, files the first charges stemming from the investigation of events surrounding Russia’s involvement in our presidential election, the issue of corruption touching on the government looms large. In Chapman University’s 2017 “Survey of American Fears,” just released in time for Halloween, the results put “corruption of government officials”
Don’t Corrupt Your Credibility Read More »
By Dr. Ken Broda Bahm: What counts as good legal persuasion differs from one country to the next. Different cultures, different legal rules and systems, and different fact finders all make a difference. But one thing stays consistent no matter the venue or the tongue: Legal persuasion boils down to people using communication to influence
Trial Lawyers, Improve Your Emotional Intelligence (7 Reasons and 3 Ways) Read More »
By Dr. Ken Broda Bahm: “It was written all over his face.” That’s what we say when we think someone’s expression has told a truer tale than their words. It is the kind of statement that shows that we naturally pay a great deal of attention to the face when we are trying to assess
When Assessing Emotions, Listen, Don’t Look Read More »
By Dr. Ken Broda Bahm: Every persuader, and legal persuaders in particular, understand that bias is both pervasive and powerful. The idea that potential jurors will be carrying attitudes and experiences that could influence their decision is the norm and not the exception. As a trial attorney, your goal is to eliminate it. In practice,
Account for the Contagion of Bias Read More »
By Dr. Ken Broda Bahm: What do I mean when I say the witness should treat cross-examination questions like a flashlight in a dark room? I mean that the questions are designed to shine a light on some things and to purposefully leave other things in the dark. Imagine, for example, a series of questions
Treat Cross-Examination Questions as a Flashlight in a Dark Room Read More »
By Dr. Ken Broda Bahm: The idea of a reluctant jury — a jury of people who would really like to be just about anywhere else, a jury of people who tried like hell to get out of it and failed — that idea is fairly well ingrained in our system. Among many, especially those
Expect a (Mostly) Willing Jury Read More »
By Dr. Ken Broda Bahm: The law expects legal decision making to work like a smooth and well-oiled machine. But as any experienced legal persuader knows, there is sand in those gears. That sand takes the form of cognitive biases: mental shortcuts or heuristics. They’re not necessarily mistakes, but factors that make legal decision making
Know Your Cognitive Biases, Part 2 Read More »
Dr. Ken Broda Bahm: There are so many reasons why it is good to make a list, I could make a list of them (and actually, I did). But, safe to say, lists are ubiquitous in communication. We use them for shopping, for things we need to do, and steps we need to take. Mentally, we like
Don’t Mix up the Do’s and the Don’ts Read More »