By Dr. Ken Broda Bahm: Language is the cognitive and social invention that made it possible for us to resolve conflicts with reason rather than force. Language begat law, and law in turn begat litigation. Lawyers work with words, and particularly those who are in the trial business understand very well that language isn’t neutral. Instead,
By Dr. Ken Broda Bahm: Politics isn’t just a good way to start an argument, it is also a pretty reliable predictor of general leanings in litigation. Out of all of the demographic traits that we have looked at — factors like sex, race, education, and income — reported voting behavior is in most cases
Account for the ‘Liberal Individual’ and the ‘Conservative Community’ Read More »
By Dr. Ken Broda Bahm: Most witnesses in trial or deposition would know enough not to testify with a big wad of chewing gum in their mouths. Only, these witnesses probably haven’t heard about a new study that purports to show that, when gum-chewers are compared to non-chewers, those chewing gum are viewed as more
Don’t Chew Gum and Testify at the Same Time (and Don’t Believe Every Study) Read More »
By Dr. Ken Broda Bahm: The rooster can’t take credit for the sunrise. While the crowing tends to occur just before dawn, it does not cause the sun to come up. Thinking that “A” then “B” means that “A” caused “B” is a well-known logical mistake and fallacy. In Latin, it goes by the name
Pre-empt the Post-Hoc: Teach Jurors to Resist the Causal Illusion Read More »
By Dr. Ken Broda Bahm: The image of the trial lawyer that comes closest to our ideal might involve the advocate standing in front of the jury or the bench, waxing eloquent in oral argument. But the reality is that, even for lawyers who get to trial frequently, they’re writing more often than they’re speaking.
Check Your Language Level Read More »
By Dr. Ken Broda Bahm: Is there anything wrong with a witness meeting with a communication specialist in order to prepare for deposition or trial testimony? Maybe 30 years ago, the answers would have been “yes,” “maybe,” or “best not to arouse suspicions.” But trial consulting has come a long way from those early days
Protect Your Witness Prep Work Product Read More »
By Dr. Ken Broda Bahm: “You are not to cry,” the judge sternly warns the witness on the stand, a mother looking at postmortem photographs of her son. It seems like a pretty harsh and heartless instruction from the judge, especially to those less acquainted with the legal system. But this scene that played out
Check Those Emotions Read More »
By Dr. Ken Broda Bahm: After traveling to Syria in the midst of a brutal war, 26-year-old Kayla Jean Mueller was captured by ISIS six months ago. The terror group now claims she was killed in a Jordanian airstrike while Americans hold out a little hope that she might be alive. As much as we understand
Expect Injustice from a ‘Just World’ Belief System Read More »
By Dr. Ken Broda Bahm: It’s normal to vaccinate your kids, at least for most of us it is. The exceptions to the rule have recently brought back a disease the U.S. “eliminated” in 2000. In the first month of this year, measles visited Disneyland, and then infected hundreds of people so far in fourteen
By Dr. Ken Broda Bahm: It’s said that there’s a story hiding in every case. And sometimes, depending on the attorney’s style and habits, that story can be hiding pretty darned well. An emphasis on presenting based on accumulated facts within a topical division of issues — a style taught in law school and prized
Template Your Trial Tale Read More »