By Dr. Ken Broda Bahm: You’re working your way through discovery. Your arguments and themes for trial are taking shape. By the time you’re in front of the jury, you’ll know what to say. But first there’s a mediation. Now you need to refashion your persuasive appeals for a different purpose. Your mediator is not a judge […]
Frame Your Arguments for Mediation Read More »
By Dr. Ken Broda Bahm: Let’s say that you are facing a creative challenge and you need to come up with a great idea. Do you retreat, take your time, think it through and then come back with a winner? Or do you seize the chance to be quick on your feet and start spitballing ideas
Be Quick (and Not Just Smart) Read More »
By Dr. Ken Broda- Bahm: This blog is written in Arial font. While I can’t fully control the fonts it shows up in when it travels out in various forms of syndication, for the version that lives on my, I like Arial. It is a contemporary San Serif font that is pretty simple and clean, and in
By Dr. Ken Broda Bahm: As the juror sits in the jury box hearing the case, she is not just rationally deciding who has the better position. She is also applying and maintaining her own self-concept. The implicit question she is asking herself is, “Am I the kind of person who would approve or condemn this?”
Expect Jurors to See Themselves as More Moral than Average Read More »
By Dr. Ken Broda Bahm: During voir dire, the traditional questions designed to expose bias tend to focus on the existence or nonexistence of a biasing attitude or experience. Have you formed any beliefs about the defendant’s guilt or innocence? Do you believe drug companies are more concerned with profits rather than people? In truth, these
To Elicit Bias, Ask About Leaning Read More »
By Dr. Ken Broda Bahm: By now, it is familiar advice to trial lawyers: Tell a story. Jurors and judges will appreciate the familiar structure, pay greater attention, see the world from your party’s perspective, and have an easier time remembering and using the information. We might think that the advice applies to attorneys, especially during opening
Experts, Tell a Story Read More »
By Dr. Ken Broda Bahm: The witness is in the box, questioning began a few minutes ago, and the thought goes through the witness’s nervous mind, “I hope I make a good impression.” Well, not to make that witness more nervous, but chances are, that impression has already been made. It could have been made in
Expect First Impressions to Last Read More »
By Dr. Ken Broda Bahm: Remember when you took that hot air balloon ride as a kid? Or when you played that prank on a teacher by leaving slime on her desk? Or when you caused havoc by spilling a punch bowl at that wedding? Do you remember any of these events? Participants in studies have
Fight False Memory (in Your Witness Prep) Read More »
By Dr. Ken Broda Bahm: U.S. employment numbers were up 178,000 last month, causing many to see an improving economy. The month before that, the number was down by more than 66,000, causing many to fear a worsening economic picture. Truth is, that number routinely fluctuates month to month for a variety of reasons, and
Bring an End to ‘End Point Bias’ Read More »
By Dr. Ken Broda Bahm: An attorney at our firm, tapped to give a CLE talk, asked me recently if I had anything on the “science of persuasion.” Pretty broad. I wondered where to begin, but it did get me thinking. At the most general, 30,000-foot level, what is the science of persuasion? Does the
See Persuasion as a Process (Toward a Unified Theory of Legal Persuasion) Read More »