By Dr. Ken Broda Bahm: The jurors lean forward in their seats a bit as they have their first chance to hear about the case in opening statement. The attorney steps to the lectern, looks directly at the panel, pauses, raises his hand for emphasis and…reintroduces himself and everyone sitting at counsel table. “You’ve already […]
Right Out of the Blocks: Make the First Few Minutes Count Read More »
By Dr. Ken Broda Bahm: Your face is probably blank as you read this. So just as an experiment, right now, smile. Now, even if your smile is forced, goofy, or pasted on, hold that smile for at least 20 seconds or so. If you’re like most, you should feel your mood lifting almost immediately.
Smile (For Credibility and Affect) Read More »
By Dr. Ken Broda Bahm: On a recent trip returning to the U.S., I was eyed closely as I answered a series of apparently mundane questions from the uniformed American agent. Where was I born? Where do I live in the U.S.? How long had I been gone? What cities had I visited? And so
Treat Body Language as Unproven, Yet Trusted Read More »
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 »