By Dr. Ken Broda Bahm: The work leading up to trial is often hard analytical work — the kind of gradual and methodological grind in putting the pieces logically together. But sometimes it is creative work — the kind of work involved in resolving a problem, hatching a strategy, or discovering a theme. That creative part of […]
Trust Your Sudden Insights Read More »
By Dr. Ken Broda Bahm: It is easy to imagine what you are likely to hear in the first few moments of the defense opening when the case involves a serious injury or death: Ladies and gentlemen of the jury, everyone here knows the pain and loss that Ms. Smith has experienced. It is a
Stop Introducing Your Defense Case By Asking Jurors to Set Aside Sympathy Read More »
By Dr. Ken Broda Bahm: The music world has lost some of its royalty lately. On the heels of David Bowie and George Martin, last week’s loss of Prince is another blow. The artist was known for his genre-defying sound, for his prolific songwriting for himself and other artists, for his sheer musicianship with a guitar,
Take a Note from the Prince of IP (RIP) Read More »
By Dr. Ken Broda Bahm: It’s a pretty odd scenario, and one we don’t face every day: “An out of control trolley is speeding towards a group of five people. You are standing on a footbridge next to a large man. If you push him off the bridge onto the track below, this will stop the trolley. He
Communicate Your Moral Principles Read More »
By Dr. Ken Broda Bahm: The internet age has brought new tools but also new concerns to the task of jury selection. The ubiquity of social media and other forms of online presence has meant that lawyers, trial consultants, and other specialists now can and frequently do consider that information when selecting a jury. But that
Protect Juror Privacy But Don’t Ignore Public Information Read More »
By Dr. Ken Broda Bahm: I’ve shared on these virtual pages before that I am, at a slightly advanced age, learning to play guitar. From my early efforts I can report that, though I’ve advised on many patent cases, nothing I’ve encountered is as complicated as music theory for the guitar. I thought learning the
Theme Building: Amplify the Consonance and Mute the Dissonance Read More »
By Dr. Ken Broda Bahm: It’s the political season, and many of us are closely watching the public opinion polls. It is interesting to see that sometimes big differences between polls are caused by small differences in wording. Do Americans “prefer,” “support,” “favor,” or “intend to vote for” a given candidate? Different words make for
Choose Your Words in Voir Dire to Regulate Expressions of Bias Read More »
By Dr. Ken Broda Bahm: Attorney: “Number 14, would you say that you are biased against other people based on their race?“ Number 14: “Me? No. Definitely not. I treat people as individuals.“ I think we can all agree that this is strikingly ineffective voir dire. Research is building an increasing awareness that racism isn’t just
Voir Dire on Racial Bias Read More »
By Dr. Ken Broda Bahm: There comes a moment in each expert’s testimony where the actual opinions are delivered, and they’re always delivered with something like this build-up: “I can say to a reasonable scientific certainty that….” In physician malpractice cases, substitute the word “medical” for “scientific.” That is the legal standard, but what does that
Ask the Expert What Reasonable Certainty Means Read More »
By Dr. Ken Broda Bahm: Last week, in a blog article in the Huffington Post, screenwriter and columnist Robert J. Elisberg shared his trial diary from a two-week workplace injury case against the retailer Cost Plus. His notes included this observation, which is worth quoting at length: One of the oddest things of all is that, very