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 »
By Dr. Ken Broda Bahm: Here is the most important thing you can ever possibly learn in law: Hyperbole will absolutely crush your chances of winning. Okay, maybe that’s a little over the top, but there is something about legal writing and oral advocacy that can sometimes encourage a tone of exaggeration that reduces credibility.
By Dr. Ken Broda Bahm: In New Jersey, a Plaintiff recently brought an auto personal injury case to trial. It was one of those scenarios where the damage to the occupants was greater than the damage to the vehicle, so the attorney trying the case properly wanted to know if any prospective jurors on the
Ask Open-Ended Questions to Select Your Jury Read More »
By Dr. Ken Broda Bahm: The issue of “fake news” has been in the news — the actual news — a lot lately. The ease and speed of sharing via social networks has made it common for fake stories to be accepted, trusted, and passed around. One story, for example, tells of Trump protestors being
Link the New to the Known Read More »
By Dr. Ken Broda Bahm: I recently finished sitting in on a three-week trial, and throughout the testimony, many of the experts were led through their direct. One expert in particular, the other side’s expert thankfully, made it through her entire direct examination without saying anything other than her name, “Yes,” and “That’s correct.” Even on
Hire an Expert Who Doesn’t Want or Need to be Led Read More »
By Dr. Ken Broda Bahm: America’s new president-elect may see a courtroom before he moves into the oval office. While the Defense has filed a motion to delay in order to allow time for settlement, the trial in a lawsuit by former Trump University students is currently scheduled to begin in San Diego on November 28th. In a recent
Know Your Trump Juror Read More »