By Dr. Ken Broda-Bahm: In my work, I get to watch many attorneys go through the practical rituals of jury selection. A big part of the job is looking for, setting up, and executing challenges for cause when there are reasons to doubt potential jurors’ ability to be fair in following the law and the […]
Fish for a Good Cause Challenge Read More »
By Dr. Ken Broda-Bahm: In the most recent verdict against former President Donald Trump, the jury awarded quite a bit more than the plaintiff had asked for. In the case of the $83.3 million defamation award made to the writer, E. Jean Carroll, we have a special case: a defendant who did just about everything
Defendants, Reduce the Risk of Your Verdict Going Nuclear Read More »
By Dr. Ken Broda-Bahm: Last week, the once and potentially future President of the United States was threatened with ejection from a courtroom because he could not control his verbal and non-verbal responses to the proceedings. As reported in the New York Times, Donald Trump was sitting in a Manhattan courtroom as a jury heard
Keep Your Cool in the Courtroom Read More »
By Dr. Ken Broda-Bahm: The adage, “If it ain’t broke, don’t fix it” carries a special meaning in litigation. It can be one of those classic “damned if you do, damned if you don’t” situations: After an injury or other tortious event, if you fix whatever led to the problem you confirm that you could
If It Ain’t Broke, and You Fix It, Take Care with What the Jury Learns About It Read More »
By Dr. Ken Broda-Bahm: I will admit up front that the title for this one might sound like someone trying to weasel out of something: Trying to gain the psychological benefit of “stepping up” without the legal liability that many might see as going along with that. And, it must be said, there’s a real
Take Responsibility (Without Conceding Liability) Read More »
By Dr. Ken Broda-Bahm: Seems like Americans have had it with powerful institutions lately. The organizations that have long structured our civic life have reached new lows in terms of trust, and this applies to many that have historically garnered relatively high levels of confidence. Higher education is at a historic low, and trust in
Account for Broken Trust in Institutions Read More »
By Dr. Ken Broda-Bahm: There is a perspective on juror attitudes that has been receiving some attention lately. “Safetyism” refers to an individual’s tendency to not merely prefer safety, but to demand unrealistic standards of protection — no errors, no risk of injury, no chance of a bad outcome, no ‘safe level’ of a contaminant,
Counter “Safetyism” With Realism Read More »
By Dr. Ken Broda-Bahm: I recently had the opportunity to serve as a judge for a legal advocacy program as part of my daughter’s high school constitutional law program. In watching the students answer the panel’s questions, I noticed something I have also noticed in working with attorneys prior to oral argument: The judge will
Facing Questions in Oral Argument? Think F.A.S.T. Read More »
By Dr. Ken Broda-Bahm: There’s a stereotype of what happens in jury deliberations. It involves jurors squaring off against each other, a hail of fierce argument and counter-argument, with the jurors turning themselves into proxy attorneys for their side as other wavering members are converted or confirmed: Think “Twelve Angry Men” with greater demographic diversity.
By Dr. Ken Broda-Bahm: A recent issue of American Lawyer included the provocatively titled article, “Why Jury Consultants May Not Be Worth It and Other Tips from Judges.” Reporting on discussions from the Ninth Circuit Judicial Conference, the article included a comment from Judge Marsha J. Pechman of the U.S. Western District of Washington that jury
Don’t “Read” Your Jury Read More »