By Dr. Ken Broda-Bahm: Early on in the jury selection process, the judge will often ask the panel, “We all know that jury duty can be inconvenient, but who believes they would experience an unreasonable hardship by serving in this case?” Hands will shoot up. In some cases, the claims make an obvious case for […]
Know When to Go Easy on Hardship Read More »
By Dr. Ken Broda-Bahm: In Charles Dickens’ classic “A Christmas Carol,” the final act is brought by the spectral Ghost of Christmas Future who shows the miserly Ebenezer Scrooge the vision of those he mistreated in life celebrating his death after he is gone. This Christmas, that part of the seasonal story might be hitting
Account for the New Low in What Jurors Think of Health Insurers Read More »
Guest post by Josh Haby: When I received my jury summons a month or so ago, I was elated. But the feeling was brief, as I quickly concluded my service would likely end as quickly as it would begin. I’m a Litigation Consultant, I work for a law firm, I studied Psychology and Law, and
See Your Case from the Jury’s Eyes: My Time in the Box Read More »
By Dr. Ken Broda-Bahm: As I write this, it is finally and mercifully Election Day, 2024. For many of us on the edges of our seats awaiting the returns, we might be considering the question, “What brought us to this?” The answer is that recent technological and cultural forces have powerfully changed American life in
Juror Polarization: As the Political Season Ends, Understand It’s Not Just a Season Read More »
By Dr. Ken Broda-Bahm: I know, I know, there’s a very good chance that every election in your lifetime has been billed as the “most important election in your lifetime.” But when it comes to next week’s election, that hyperbole just might be justified — at least based on the way the country seems to
Trial Soon? Expect Some Jurors to Have Electoral Stress Read More »
By Dr. Ken Broda-Bahm: As your juror hears testimony from a banking executive, is she thinking that banks are secretly controlling society? As another juror hears from a medical expert, is he thinking that experts like that are the ones who caused the “covid hoax”? What might it mean for your case if the jury
Be Alert for Conspiracy Thinkers in Jury Selection Read More »
By Dr. Ken Broda-Bahm: With fewer than 30 days to go until one of the most pivotal elections in our history, do you believe the polls? Many would say “No.” Even when our favored candidate is ahead, we all seem to believe that there is some built-in error in the surveys. People aren’t always willing
Expect Jurors to Censor Their Opinions Read More »
By Dr. Ken Broda-Bahm: Every trial lawyer I know believes that they are adapting their communication in order to get the jury — or, for that matter, the judge — to understand. At the same time, they will still try to be concise, correct, and specific. Sometimes, the competing demands can lead lawyers into speaking
Avoid Legalese, and Other ‘Magic Spells’ Read More »
By Dr. Ken Broda-Bahm: Sometimes in civil cases, the plaintiff’s liability claim is opportunistic, wishful, or factually weak. Other times, it is real. Someone didn’t do their job, a danger was missed, or — in that Olympic champion of passive-voice phrases — “mistakes were made.” In this situation, the question of whether to contest or
When You Concede Liability, Make Sure You Concede With Benefits Read More »
By Dr. Ken Broda-Bahm: I have long believed that persuaders of all stripes, including courtroom persuaders, can learn a lot of lessons from political communication. The dialogue over the leadership and direction of the country can be a gold mine: It’s national, it provides a wealth of examples good and bad, and — particularly recently
The Kamala Harris Challenge: Establish (or Reestablish) Your Credibility: Five Lessons Read More »