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 »
By Dr. Ken Broda Bahm: Trial lawyers and consultants know how important it is to boil it down, and tend to agree with the three points famously made by Henry David Thoreau: “Simplify, simplify, simplify!” Our main reason for doing so, however, might be a little bit too simple. It is not just that simpler
Treat This as Simple Truth: What’s Simple Seems Like Truth Read More »
By Dr. Ken Broda Bahm: Let’s say that in trial, your witness will be called adverse and will go through the other side’s cross-examination before getting a chance at your direct.[1] But in your preparation sessions, you should still take them through your direct examination first. That’s what I call the “flipped” order, and in this
Flip the Order of Your Adverse Witness Preparation Read More »
By Dr. Ken Broda Bahm: A recent piece in The New York Times focuses on the increasing prevalence of longer questionnaires for those called in for jury duty. While such questionnaires tend to attract media attention in high-profile cases, the article notes that they’ve “become a familiar presence in courtrooms across the United States.” The reaction from consultants
By Dr. Ken Broda Bahm: When I’m in my office and on a client call where I’m expected to contribute creative thoughts, I will frequently close the door, put the telephone headset on, and pace circles around my office. And when I’m stumped over the course of a couple days by something for this blog,
By Dr. Ken Broda Bahm: I recently wrote about “prehabilitation,” the new term for the old practice of talking a juror out of their biases. That prompted a recollection of an article that I wrote a while back, but never included here in this blog. So, with some thanks to The Jury Expert for the reprint permission, here
Get Beyond “Can You Be Fair?” Read More »
By Dr. Ken Broda Bahm: In foreign policy, the projection of certainty and confidence can be as important as the strategy. On that score, it hasn’t been an easy few weeks for the Obama administration. While some find it refreshing for leaders to avoid quick bravado in response to complex world events, others have attacked
Consider Confidence Read More »