By Dr. Ken Broda Bahm: The Supreme Court recently heard oral arguments on the question of marriage equality, and specifically whether state bans on same sex marriage are unconstitutional, and whether marriages that are legal in one state need to be recognized in another. As is typical, the focus is on Justice Kennedy as the […]
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By Dr. Ken Broda Bahm: Opening statements began this week in the trial of James Holmes, the acknowledged gunman in the 2012 shooting during a midnight screening of The Dark Knight Rises in Aurora, Colorado. The tragedy sent ripples throughout the nation, and on the heels of a jury selection that was unprecedented in its scope,
Be Measured in Your Use of Emotions Read More »
By Dr. Ken Broda Bahm: We are used to hearing about “technophobia,” or a fear of new, confusing, powerful and scary gadgets. In modern times, however, it’s opposite — technophilia — is likely to play a stronger role. Take the current launch of the Apple Watch. While it is likely to generate at least some
Account for Technophilia Read More »
By Dr. Ken Broda Bahm: So you’re slated for trial before a judge who is new to you. Naturally, you do your due diligence and try to find out all you can on what makes this judge tick. The result? A few broad comments and stories in response to an all-firm email. If you’re lucky,
Know Your Judge…Through Analytics, Not Anecdotes Read More »
By Dr. Ken Broda Bahm: Listen, pause, use your own words, and then stop. Sometimes witness advice should be covered in detail, and at other times you just need to bottom line it. A week or so ago, I was arriving for a meeting with attorneys just as a witness was leaving. “Is there any
Bottom Line Your Deposition Advice: Four Rules Read More »
By Dr. Ken Broda Bahm: As the Beatles sang, “I am he, as you are he, as you are me, and we are all together” (I Am the Walrus). Okay, so it wasn’t their most coherent musical statement. But it does illustrate a critically important strategy in persuasion, particularly the “we are all together” part.
Appeal to the ‘Us’ in Your Audience Read More »
By Dr. Ken Broda Bahm: As our “tax day” approaches, most Americans are engaged in that annual rite of legal compliance. While there might be gray areas and even some cheating, by and large, we do what the law requires, even when it is inconvenient or painful. But just off our shores, there is a zone with
Read Guantánamo Diary Read More »
By Dr. Ken Broda Bahm: If you’re outside in the dark, maybe aided by a little starlight or moonlight, you can probably see your surroundings a bit dimly: You can’t see everything, but hopefully you see enough that you don’t stumble. Now, add a flashlight. The path you’re pointing the light at is now quite
Remember that Memory is Selection, not Retrieval Read More »
By Dr. Ken Broda Bahm: Attorneys know that, in the public’s eye, the profession isn’t winning any popularity contests. In a Gallup poll last year, only 21 percent rated lawyers’ ethics as “high” (16 percent) or “very high” (5 percent). This compares to 80 percent who say nurses’ ethics are high and 65 percent who say the
Account for Anti-Lawyer Bias in Legal Malpractice Trials Read More »
By Dr. Ken Broda Bahm: I am now involved in a rash of post-trial juror interviews. Currently, I have interviews in progress in three cases. As luck would have it, there is one win, one loss, and one draw (mistrial). While the calls have occupied a fair amount of my time lately, post-trial interviews more broadly
Follow Nine Rules for Post-Trial Juror Interviews Read More »