By Dr. Ken Broda Bahm: The ability to remove a potential juror from your jury without giving a reason is precious…to trial attorneys and their consultants. To the extent the rest of the public is aware of peremptory strikes, however, they’re less likely to support them. At first blush, after all, the ability to prevent […]
Fight for Your Strikes Read More »
By Dr. Ken Broda Bahm: Everyone has known one: A colleague or an adversary who uses anger as a communication strategy. Through aggressive words, shouting, or other group dominance behaviors, that person is able to get some (sometimes grudging) compliance from the rest of the group. And, more likely than not, that person is male.
Beware of Angry Men (But Angry Women, Not So Much) Read More »
By Dr. Ken Broda Bahm: I’ve been accused before of being in love with metaphors. From my debating days in school to my current authorship of this blog, I often find myself thinking, interpreting, explaining, and arguing through the use of parallel situations and analogies. It’s my bread and butter, you could say (sorry, couldn’t
Adapt to Your Metaphorically-Minded Juror Read More »
By Dr. Ken Broda Bahm: Back when I used to teach public speaking, I would tell my students that their speech introductions needed to contain four steps: Gain attention State your purpose Mention a “payoff,” or clear benefit to the audience And preview your main points
Mention the Payoff to Help Your Decision Maker’s Attention Read More »
By Dr. Ken Broda Bahm: Testifying in deposition and on cross-examination can seem like a battle for control. Opposing counsel is aiming to fit the witness into a script, and the witnesses (hopefully) are trying to speak for themselves. A well-prepared witness will have a lot of tools at their disposal in aiming to at
Witnesses, Answer in a Full Sentence (10 Reasons) Read More »
By Dr. Ken Broda Bahm: When we think about racial bias in the legal process, our first thought is likely to be of charging and sentencing in the criminal justice system, or based on the Black Lives Matter movement of recent times, we might think of interactions with law enforcement officers. Based on an innovative
Expect Racial Bias in Civil Damage Awards Read More »
By Dr. Ken Broda Bahm: A few days ago, an attorney I know emailed an article to a group that included me and a number of attorneys. It was the third time that had happened in two weeks — with the same article! There must be something to it, I thought, so I went ahead
Trust Your Witness Read More »
By Dr. Ken Broda Bahm: Once during oral voir dire in a commercial case, I listened as one potential juror noted his cynicism toward the civil trial process. “Rich people fighting over money,” he said. While that particular venire member may have been angling for a strike, and definitely received one, the comment does speak
Account for the Wealth Bias Read More »
By Dr. Ken Broda Bahm: Another mass shooting at a school, this time at Umpqua Community College in Roseburg, Oregon. Another isolated and disturbed gun collector, and another set of victims to be remembered: nine in this case. In President Obama’s remarks, we see increasing frustration as he spoke of “more American families — moms, dads, children —
Note the Difference Between Tragedy and “Stuff Happens” Read More »
By Dr. Ken Broda Bahm: While we like to frame it in terms of “justice,” the trial system is based to a large degree on punishment. On the criminal side, that focus is obvious as jurors decide whether the accused deserves a penalty, and if so, what level of penalty is most appropriate. But from
Ground Punishment in Empathy Read More »