By Dr. Ken Broda Bahm: Jurors often identify with the fact witness, and for a good reason. If there is one person in the courtroom with whom they have the most in common, it is the person in the witness chair – the person who also has no specialized legal training, and was, like them, […]
Witness, Mind Your Tone: Eleven Reminders Read More »
By Dr. Ken Broda Bahm: Consider the expert witness mismatch: One expert represents the common mainstream scientific view, while the other expert is there to support a theory that lies on the far side of the credibility spectrum, and may have just barely survived a Daubert challenge. Yet what jurors see is an equivalency. One
Fight False Equivalency Among Experts Read More »
By Dr. Ken Broda Bahm: Alexis de Tocqueville, France’s number one America fan back in 1835, was particularly fond of our jury system. In an oft-quoted passage, he said that “The jury, and more especially the civil jury, serves to communicate the spirit of the judges to the minds of all the citizens; and this spirit, with
Emphasize the Civic Role of Your Civil Trial Read More »
By Dr. Ken Broda Bahm: My first thought was, “What’s NPR’s talented social science correspondent, Shankar Vedantam, doing talking about fish?” The story, reported on Friday, focused on research showing that fish make better decisions when swimming together rather than when swimming alone. An interesting finding, but where’s the “social” in that “science,” since people aren’t fish? In
School Your Jury (Like Fish) Read More »
By Dr. Ken Broda Bahm: Cameras don’t simply record what is in front of the lens. Every movie director knows that the camera highlights, frames, hides, emphasizes and distorts. The Francis Ford Coppola’s among them know that they’re not simply filming, they’re ‘painting with light’ using the film as a canvas. The legal uses of
Don’t Assume the Camera Is Neutral Read More »
By Dr. Ken Broda Bahm: Here is an important technique. Experienced persuaders may already have it internalized, but it still helps to make it explicit and look at why it works. The technique is this: Begin ‘big’ with an abstract statement (This is a case about a betrayal of trust) and then get ‘small’ by
Your Message Sequence: Go Big Then Get Small Read More »
By Dr. Ken Broda Bahm: This post pays tribute to the notion that in research, everything matters. Yes, even what the research participants eat. Think about it: As participants check in, they’re met with a “Continental” breakfast (featuring the food of the continent where, apparently, only muffins and sweet pastries are served). Then after what
Stop Sugaring Up Your Research Participants Read More »
By Dr. Ken Broda Bahm: Your doctor has an M.D., a license, and potentially board certifications as well. Your lawyer has a J.D., a license, and quite possibly other honors based on experience. The legal videographer recording your deposition likely will be certified for that work. Heck, even your plumber, your home siding installer, and
Vet Your Trial Consultant Read More »
By Dr. Ken Broda Bahm: Earlier this week, the U.S. Supreme Court announced their 5-4 decision in the case of Burwell v. Hobby Lobby finding that closely-held corporations, based on sincerely held religious beliefs, can exempt themselves from a requirement to provide certain contraceptive services as part of their employee health plans. Predictably, the news cycles and the
Think Beyond Just Red and Blue in Politics Read More »
By Dr. Ken Broda Bahm: It might sound like the title for a science fiction series, but in banking a “Dark Pool” refers to a fund that allows anonymous investors to trade large blocks of shares. The tactic is the subject of a recent suit by the New York Attorney General against Barclay’s bank, with
Bank on Bias Against Financial Institutions Read More »