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 »
By Dr. Ken Broda Bahm: I have learned from talking with clients that the phrase “mock trial” can refer to many different things. There is a common core — mock jurors hearing parts of a case and deliberating while you watch — but beyond that, the way that it is executed can vary quite a lot.
Check Your Mock Trial Against This List of Thirteen Best Practices Read More »
By Dr. Ken Broda Bahm: One of my pet peeves is referring to individuals as “diverse.” For example, it’s never felt right hearing something like, “The firm is pleased to announce three new diverse hires.” I understand that the word is being chosen in preference to the word “minority,” a word that has its own
By Dr. Ken Broda Bahm: British Prime Minister David Cameron is breathing easier after voters in Scotland rejected independence last week. For Great Britain, it will go down in history as one of the greatest modern political gambles. The vote was called at a time when fewer than one in three Scots favored independence. But in the weeks
Mind the Backlash: The Reptile’s Adventures in Scotland Read More »