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 »
By Dr. Ken Broda Bahm: As of the press time for this post, panic over Ebola is rising in the United States. With the first U.S. diagnosis of a patient last week, and that patient’s passing shortly afterward, it seems that the media — both social and institutional — are dominated by fears of a
Expect Fear to be Driven by Dread, Not Data Read More »
By Dr. Ken Broda Bahm: The belief is that “fast-talking” applies easily to “lawyer,” just as it naturally attaches to “salesman,” “politician,” or other perceived “slicks” who are able to persuade before their targets quite realize what is happening. But does speed of speech really convey an advantage in persuasion? The answer is a solid,
Speed Up to Limit Counterargument (and Slow Down When Preaching to the Choir) Read More »
By Dr. Ken Broda Bahm: The “swearing in” that precedes testimony is a ritual steeped in religious tradition, though it is routine these days for the oath to simply involve a solemn promise to tell the truth, without any specific religious trappings. But the form of the oath is still often within the judge’s discretion,
Take the Oath Seriously Read More »