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(formerly the Persuasive Litigator blog)

Adapting to Judges

When Faced With A “Hot Bench,” Keep Your Cool

Adapting to Judges, Comprehension / /

by Dr. Ken Broda Bahm As counsel begins her oral argument to the judge, everything is going according to plan.  She systematically previews her main points and begins developing the first of several layered arguments.  Then… the judge interrupts with a question.  Then another question.  Then a counter-argument.  Before she knows it, counsel is off-track […]

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In Employment Cases (and All Cases), Keeping it Simple is Smart

Adapting to Arbitrators, Adapting to Judges, Adapting to Jurors, Bias, Comprehension, Employment Litigation, Strategy / /

by: Dr. Ken Broda Bahm So the company finally terminates the troublesome employee.  “Problem solved,” right?  In a litigious climate, the answer could be, “Wrong, the problem’s been replaced by a different problem” because what follows could be months or years of discovery, deposition, and developing strategy before you find yourself explaining that decision to

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