By Dr. Ken Broda Bahm: Government law enforcement officials have a pretty high profile right now. That’s especially true as they’re increasingly moving into the category of being former law enforcement officials after being removed by President Trump. There was U.S. Attorney Preet Bharara in New York, and more recently, of course FBI Director James Comey who became former […]
Experts, Take a Lesson from Sally Yates Read More »
By Dr. Ken Broda Bahm: At a recent witness preparation meeting, the doctor-defendant sat struggling to recall the details of an informed consent discussion she had with the plaintiff. “I think I told him…” she began, before finishing the statement with, “…Do you know how many patients I see? I really cannot remember.” The medical
Rely on Standard Practice Read More »
By Dr. Ken Broda Bahm: We live in an age of wonders, and those wonders are making it into the courtroom. Attorneys can now display, slice, and dice their documents on the fly using sophisticated presentation software, or even their own iPad. They can show demonstrative exhibits created with the kind of cutting edge design
Go Ahead and Use a Flip Chart Read More »
By Dr. Ken Broda Bahm: The earliest days of the Trump presidency, the Trump campaign, and Trump himself have all posed quite a bit of a quandary for social scientists. The reason for that is, while all politicians select, exaggerate, and sometimes tell an outright lie, Donald Trump seems to have a relationship to the
Beware the Blue Lie Read More »
By Dr. Ken Broda Bahm: If the panoply of strategies to persuade were a dating pool, then the fear appeal would definitely be the “bad boy,” or “bad girl.” By that I mean, attractive, a little shady, and potentially dangerous. The tactic of motivating your target audience by instilling and then alleviating some kind of
Understand Why Fear (Often, not Always) Persuades Read More »
By Dr. Ken Broda Bahm: This past weekend saw not just Earth Day, but also a nationwide “March for Science.” On Saturday, people across the country, and in some other parts of the world, turned out in order to show support for the role of science. The message behind these marches is distilled in a four-minute viral
Account for a Lost Faith in Science Read More »
By Dr. Ken Broda Bahm: In the law, the ability to mentally focus is prized. We expect it of our partners and advocates, look for it in selecting our teams, and encourage our jurors to practice it. Following the story, understanding the details, comprehending the legal standards, all of that can require mental concentration. At
Tell Your Mind to Wander Read More »
by Dr. Ken Broda Bahm: Movies about courtroom trials are enjoyed by lawyers and the general public alike. The genre has earned its place among the classics with titles like: To Kill a Mockingbird, 12 Angry Men, Witness for the Prosecution, Inherit the Wind, and even My Cousin Vinnie. But there is one commonality in all of those movies:
Learn From (the Lack of) Civil Trial Movies Read More »
By Dr. Ken Broda Bahm: In voir dire, the whole point is to find out information about the potential juror. When you’re seeking out experiences or attitudes that you might use to warrant a strike or to mount a challenge for cause, you care about what that individual thinks, not about what anyone outside the courtroom
By Dr. Ken Broda Bahm: On the defense side of the bar, attention has been exploding over plaintiffs’ Reptile approach. If you Google “Reptile” and “Litigation,” you’ll see a profusion of articles. But so far, at least, the strategy of leveraging the perceptions of “safety” and “danger” has been the subject of attention from a subset of defense lawyers:
Expect Reptiles to Invade New Habitats Read More »