By Dr. Ken Broda Bahm: The expert has prepared thoroughly for her testimony before the judge. She knows each opinion and every foundation. The outline that counsel developed is all but memorized. But then, as she is about an hour into describing the detailed methods and conclusions, the judge’s eyes are drifting down to the […]
Experts: Keep It Comparative Read More »
By Dr. Ken Broda Bahm: In an age when Americans spend a stunning 11 hours every day, on average, interacting with digital media, the idea that it is somehow enough in the courtroom for trial lawyers to simply use the power of words or a few static images is becoming increasingly dated. If you really want to
Animate: Give Your Jurors Three Dimensions, or More Read More »
By Dr. Ken Broda Bahm: Last week, the U.S. Supreme Court issued an Emancipation Proclamation of sorts for campaign money. No longer, based on the 5-4 decision in McCutcheon v. FEC, would individual donors be held to limits on their total donations in any given campaign season. That decision has unleashed another wave of public disgust
Account for Entitlement and Greed Read More »
By Dr. Ken Broda Bahm: Imagine this future scenario. Those called for jury duty arrive at the courthouse. First comes security, with purses and wallets scanned on the belt while the citizens step through the metal detector. Then comes the “Neuro-Voir Dire” as candidate jurors step into a functional Magnetic Resonance Imaging (fMRI) machine so
By Dr. Ken Broda Bahm: A good witness should not see cross-examination as an argument, but neither should that witness see it as a time to be agreeable and passive with opposing counsel. Because the inherent conflict of cross piques the jurors’ interest, it can be a critical time. The two sides are in direct
Counterpunch: Ten Ways to Fight Back on Cross Read More »
By Dr. Ken Broda Bahm: What happened to Flight 370? For more than two weeks the world has searched for answers. As of press time for this post, investigators have found debris that they believe marks the end of the flight in the Indian Ocean, but that is just prompting new, possibly unanswerable questions about
By Dr. Ken Broda Bahm: Think assessments during trial are focused narrowly on the evidence and the instructions? Think again: Jurors base case evaluations on a broader spectrum that includes reactions to the parties, their preparation, and the overall process. Litigators with much in the way of trial experience probably already know that. But a
Expect Broad Spectrum Assessments (Especially for Defendants) Read More »
By Dr. Ken Broda Bahm: Justin Bieber, the Canadian tween-idol, is now in the career phase of trying to kill his early Disney-fied image by becoming a bad and dangerous character (see also Miley Cyrus). In a U.S. civil case involving alleged physical assault committed by Bieber’s bodyguards, he recently had his deposition taken. Now,
Testify Without Contempt Read More »
By Dr. Ken Broda Bahm: Jury nullification is treated as a deep and dangerous secret. The idea that a jury can decide to follow its own moral guidance instead of following the law, is the legal doctrine that dare not speak its name, at least not anywhere near a courtroom. It’s been used as ammo
Treat Nullification as a Known Option Read More »
By Dr. Ken Broda Bahm: The prospects for persuasion in some cases can seem quite dismal. Those who are most committed to a false belief, and therefore most in need of persuasion, are also those who are most likely to turn away information that questions those existing views. Indeed, the act of hearing and responding
Account for Both Cue and Rebound Read More »