By Dr. Ken Broda Bahm: It’s an occupational hazard: If you’re a lawyer, then you’re going to hear lawyer jokes. One that I’m fond of is, “There is really only one lawyer joke…all of the rest are true.” That one was used successfully as an icebreaker in voir dire during a recent attorney malpractice defense. […]
Don’t Let Anti-Lawyer Assumptions Keep You Out of the Courtroom Read More »
By Dr. Ken Broda Bahm: For politically-oriented news junkies, this past Thursday featured must-watch fare. Former FBI Director James Comey raised his hand, took the oath, and testified about his carefully-documented meetings with his old boss, President Donald Trump. What stood out from his testimony was the number of times he called Trump a liar,
Take Care When Calling Out a Liar Read More »
By Dr. Ken Broda Bahm: At one point back in my university teaching days, I worked with an international consulting group providing training on persuasion and argumentation to teachers around the world. Often, I would work with a translator. I remember being in Haiti, for example, providing training while my presentation in English was being simultaneously
Testifying in Another Language? Use Simultaneous Translation Read More »
By Dr. Ken Broda Bahm: President Trump is doing great, keeping all his promises, even as he is beset with interference from dishonest investigations. He is also failing horribly, embracing national callousness and international isolation while scandals drag his administration into chaos. Either can be treated as absolute truth, depending on who you’re talking to.
Adapt to Moral Division (Not Just Political Division) Read More »
By Dr. Ken Broda Bahm: The expert takes the stand, his credentials proudly displayed to the jury as he launches into the dissertation of his testimony. Amid the complex chains of reasoning, the opaque references to other testimony, and the indecipherable jargon, it seems that he is giving an opinion on the case. But the
Experts, Talk Like a Normal Human Read More »
By Dr. Ken Broda Bahm: High-profile trials often lead to temporarily renewed awareness of the litigation consulting field. This time around, the rediscovery has to do with the first sexual assault trial for the actor and comedian Bill Cosby. An article entitled, “Bill Cosby’s Trial is Already Showing How Twisted America Is,” came out recently in the online source Vice. Beyond
Treat Consultant-Assisted Voir Dire as Virtue Not Vice Read More »
By Dr. Ken Broda Bahm: Good advocates will spend considerable amounts of time wondering about their audience. They’ll also wonder about the parties and the witnesses on the other side. What do we know about them? Beyond what we see in the courtroom or learn about through the official procedure, what else is there? What
Account for ‘Many Hats’ in Social Media Profiles Read More »
By Dr. Ken Broda Bahm: The common challenge in jury trial, and often in arbitration and bench trial as well, is to get your fact finders to follow, to understand, and to care. In pursuit of these goals, litigators will employ many tactics to continually gain and regain attention. One of those strategies is the
Use Cartoon-style Graphics to Persuade Read More »
By Dr. Ken Broda Bahm: Why did President Trump fire FBI Director James Comey? As of press time for this blog post, the answer is that it depends on who you ask and what day, and sometimes what time of day, you ask them. A detailed timeline from the New York Times focuses on the shifting rationale, but
Avoid the Telltale Signs of Pretext Read More »
By Dr. Ken Broda Bahm: Going to trial is a lot like going to Disneyland! But only in the sense that it is very expensive, and you will spend a lot of your time waiting. The expense and the delays of the trial process are a common focus for criticism and a big part of
Try a Summary Trial Read More »