By Dr. Ken Broda Bahm: Juror C: Okay, we’ve answered question four, so let’s move on to five. Juror A: No, it says that if we answered “No” to four, then we skip to seven… Juror D: …I totally know the answer to six, it is “Yes!” Juror A: Wait, wait, we should not even […]
Consider a Flowchart Verdict Form Read More »
By Dr. Ken Broda Bahm: Ever had the experience of asking someone to ask someone else something on your behalf? It’s like a sixth-grader’s attempt to find out if someone likes you. Sometimes you need a little plausible deniability but, in most cases now, it’s easier and more direct to just ask on your own.
Let the Lawyers Ask: Five Reasons for Attorney-Conducted Voir Dire Read More »
By Dr. Ken Broda Bahm: The results of the 2014 mid-term elections are in and, for the most part, the American electorate has confirmed expectations, ushering in a swing toward the right. Before that, 2012 saw a swing to the left, and 2010 saw a swing to the right, and 2008 saw a swing to
Pay Attention to the Pendulum Read More »
By Dr. Ken Broda Bahm: It is said that you know someone when you know what they hope for and what they fear. Since we’re just past Halloween, let’s go with the latter. A new survey coming out of Chapman University focuses on the greatest fears held by Americans. Based on a random sample of
Know What Scares (the Top Five Fears) Read More »
By Dr. Ken Broda Bahm: The 2014 World Series ended yesterday in a 7th game win by the Giants. The game had some recalling the last time the Royals were in the World Series: 1985, where an infamous blown call by the umpire in game six led to a Royals win in game seven. Those
Beware the Bias for the “Safe” Call in Case Assessment Read More »
By Dr. Ken Broda Bahm: The witness is in good shape and the testimony looks to be great. There’s just one little problem in his past: a conviction. Litigators are understandably concerned about any threats to witness credibility, but if that threat comes in the form of a rap sheet, that’s viewed as a very
Don’t Assume Prior Convictions Kill Credibility Read More »
By Dr. Ken Broda Bahm: A couple of weeks ago I was working with a trial team and was present when one lawyer was profusely apologizing to another for wanting to go home. She knew there was still work to be done, she said, but she wanted to see her son before he returned to
Rest and Reflect (in Order to Learn More) Read More »
By Dr. Ken Broda Bahm: In previous posts, I’ve revealed a near-missionary zeal for structure. The division and sequence of presentations should be not simply known by the presenter, but emphatically obvious to the audience. I think that is better communication. It is also especially suited to legal persuasion during trial where litigators use a
Enumerate: 7 Reasons Why Numbering Your Reasons Works Read More »
By Dr. Ken Broda Bahm: It’s an unfamiliar word, “entrain,” but here’s what it means. In the hotel bar where I’m writing this, there are two conversations going on. At a table toward the back, two women are having what looks like a serious conversation. They’re leaning in towards each other at identical angles, both
By Dr. Ken Broda Bahm: Back when I taught public speaking in college, I had a colleague who was so committed to exorcising her frequent use of “um,” that she asked an associate to sit at the back of her classroom and hold up a sign with “um” written in foot-high letters every time she
Don’t, uh, Necessarily Worry About “Um” Read More »