By Dr. Ken Broda Bahm: I have this theory, and because it is mine, I believe it. That, in a nutshell, is the explanation of a new and unique bias that has recently been demonstrated by social science researchers. The bias is called, “Spontaneous Preference for Own Theories,” or SPOT for short, and the explanation is
By Dr. Ken Broda Bahm: The racial composition is probably one of the first things we notice when venire members file in before jury selection. When recruiting for a mock trial, we will try to match the composition of the venue. Along with other demographics, race is not nearly as predictive as some might think. As a
By Dr. Ken Broda Bahm: I had one important early experience in trial consulting that I’ve kept in my head over the years. It was actually on my first job after moving to Persuasion Strategies many years ago. Attorneys we knew were working with a very large national litigation consulting group in hosting a mock trial. The client
Keep Your Trial Consultant (a Little Bit) in the Dark Read More »
By Dr. Ken Broda Bahm: Have you ever found yourself in an argument where the other side just keeps digging in deeper? Instead of conceding, agreeing, or even just softening their stance, they’re becoming even more committed to a position that (you think) you have shown to be incorrect? The more facts and reasons you
Meet Your Skeptics Where They Live Read More »
By Dr. Ken Broda Bahm: At a time when we are surrounded by keyboards and tablets, the act of handwriting notes with actual pen and paper can seem like an anachronism. Even the writing-intensive field of law is moving away from handwriting, at least as measured by the newer generations of lawyers. For example, I
Keep Handwriting Your Notes Read More »
By Dr. Ken Broda Bahm: A trial lawyer prepares for opening statement. All the exhibits are ready and in order, the structure is laid out, and the themes are in place. Now, let’s just add in a few visuals — a timeline and perhaps a couple of charts — and it will be the icing
Put “Images With Impact” on Your Office Bookshelf Read More »
By Dr. Ken Broda Bahm: For an attorney taking a deposition or conducting a cross-examination in trial, there is one key word that describes that attorney’s strategy: control. The questioning attorney wants, maybe needs, to control the witness in order to build useful testimony in a deposition or to highlight useful testimony in trial cross-examination. The
Witnesses: Know Your Seven Ways Out of the ‘Yes or No’ Trap Read More »
By Dr. Ken Broda Bahm: Take the Reptile seriously, but don’t fear it. The en vogue strategic choice of the plaintiffs’ bar, the idea that trial persuasion can be leveraged by careful and targeted attention to the fear impulse of the so-called “reptilian brain,” (Keenan & Ball, 2009) is an idea that, regardless of its scientific foundation,
Don’t Fear the Reptile Read More »
By Dr. Ken Broda Bahm: In voir dire, sometimes you want to choose a strategic and indirect way of asking, and sometimes you just want to come straight out and ask the question directly. In an interesting illustration of the difference between the two, Jeremy Dean’s Psyblog recently shared the story of what must have been a
When You Want to Know, Ask Directly…Sometimes Read More »
by Dr. Ken Broda Bahm: For the witness preparing for trial testimony, there is one common piece of advice: Study your deposition. In preparation sessions, I will always stress this advice, noting that a thorough knowledge of the deposition is both your sword and shield during trial testimony. Not only does it avoid or blunt the
Overlearn Your Deposition Read More »