By Dr. Ken Broda Bahm: I have a few pet peeves. Some relate to language (don’t say “literally” when you mean “figuratively,” and don’t say “jive” when you mean “jibe”). Those I can live with. But a larger pet peeve that I have trouble living with relates to demonstrative exhibits in the opening statement. Or, more […]
Don’t Whine About ‘Argumentative’ Demonstratives (and Argue Back Against Whiners) Read More »
By Dr. Ken Broda Bahm: There has been an appropriate swell of attention to the life and words of Nelson Mandela since the world leader’s death last Thursday. Less emphasized in the tributes is the fact of what Nelson Mandela was before he was a protest leader, then prisoner, then president, then father of a
Take Your Time and End Strongly (a Legal Lesson from Nelson Mandela) Read More »
By Dr. Ken Broda Bahm: Ever felt like you needed a phrase to describe that moment when you are sucked into a client’s unproductive mindset? Well, here it is: “vicarious entrapment.” The condition stems from the fact that trial lawyers wear two hats. On the one hand, they’re advocates — zealous advocates – for their
Avoid ‘Vicarious Entrapment’ When Assessing Your Client’s Case Read More »
By Dr. Ken Broda Bahm: The U.S. Senate has accomplished something at long last: a rules change. U.S. Senate Majority Leader Harry Reid invoked the so-called “nuclear option” of allowing filibusters to be ended with a majority vote. As Minority Leader Mitch McConnell laments the change, some will say the minority had it coming by
Pay Attention to Minority Influence Read More »
By Dr. Ken Broda Bahm: Since 1998, more than 4.5 million people have discovered they have more of a racial bias than they thought they had. They did this by self-administering an online tool called the Implicit Association Test. Developed by researchers at Yale University and the University of Washington, the test looks at implicit bias,
Address Bias at its Roots Read More »
By Dr. Ken Broda Bahm: The sacred can sometimes find its way into legal evaluations. Apart from jurors using or quoting the Bible during deliberations (see Miller et al., 2013), sacred values can also take a broader role in the form of moral imperatives we are unwilling to compromise. One researcher (Tetlock, 2003) in a relatively
Consider the Sacred Read More »
By Dr. Ken Broda Bahm: A picture can be worth a thousand words. And, it turns out, that picture can also make the words you do use more believable. Researchers point to this as the “truthiness” effect, in homage to comedian Stephen Colbert’s neologism for the feeling of something being true independent of its actual
Don’t Panic Over Visual “Truthiness” Read More »
By Dr. Ken Broda Bahm: The Reptile (Ball & Keenan, 2009) is about as hot as a cold-blooded creature can get. The theory, focusing on trying plaintiffs’ cases by aiming your appeals at the primitive drive for personal safety and security, seems to have struck a chord with plaintiffs’ attorneys. With regular seminars, a growing family
Don’t Underestimate the Power of a Unifying Vision: A Return to the Reptile Read More »
By Dr. Ken Broda Bahm: On a flight this past Saturday, I overheard my flight attendant and another passenger discussing that day’s verdict in the trial of Martin MacNeill, the Utah doctor convicted of first degree murder for drugging and drowning his wife in a bathtub more than six years ago. “I think the jury
By Dr. Ken Broda Bahm: As a response to the perception of escalating jury awards in medical cases, a number of states have turned to legislative caps on noneconomic damages or overall damages. At last count, that preference for legislative limits on verdict amounts applies to all but 15 states (Alabama, Arizona, Arkansas, Connecticut, Delaware,
Medical Defendants: Don’t Put All Your Faith in Caps Read More »