By Dr. Ken Broda Bahm: You’ve probably seen the claim, but is it really true that our attention spans are becoming shorter than that of a goldfish? Last year, the presentation software company called Prezi released its 2018 State of Attention Report, focusing on the question of what is going on with the attention span of […]
Adapt to Evolving Attention Read More »
By Dr. Ken Broda Bahm: I remember once sitting in court early into the defense opening statement, and the attorney was busy thanking the jurors, again. Even though they had already heard the spiel from the other side, and from this attorney’s colleague during voir dire, they were receiving another explanation of just how much
Thank Your Jurors…Just Don’t Go Overboard Read More »
By Dr. Ken Broda Bahm: It looks like we are heading into another one of those times, like the OJ or Casey Anthony trials, when all of the nation’s attention will be fixated on an interesting and high-stakes legal process. As the impeachment inquiry moves into the public realm this week, it is sure to
Trial Lawyers, Watch how Americans Watch the Impeachment Process Read More »
By Dr. Ken Broda Bahm: Juror 1: “The next category is ‘pain and suffering.’ How are we supposed to get to get that number?” Juror 2: “It is just whatever we want…there’s no guidance for it.“ Juror 1: “How are we supposed to do that? Put a dollar value on pain and suffering?“ Seeing an
Understand Jurors’ Process on Pain and Suffering Read More »
By Dr. Ken Broda Bahm: Trial lawyers understand the need to refine and to help fit the main point of their case into the smallest possible container. In complex litigation, however, that quest for a bottom line can be elusive. You might have your one-line theme, and as much as that single expression can help
Know Your Trial Message Read More »
By Dr. Ken Broda Bahm: Defendants in many areas of litigation are likely familiar at this point with the Reptile approach to trying plaintiffs’ cases. A central pillar of the strategy, and its namesake, is the idea that personally-relevant fear appeals can be wielded in order to awaken the primitive, or ‘reptile,’ regions of the
Consider This Version of the Reptile: It’s Not Fear, It’s Anger Read More »
By Dr. Ken Broda Bahm: In the real world, disputes are often settled by someone with more or better knowledge, or at least someone claiming to have more or better knowledge. The courtroom, however, is different. It is a setting that is designed to ensure equality of knowledge. When it comes to the information that
By Dr. Ken Broda Bahm: Speaking for most of us in the field of specialists who advise on jury selection, we like to say that “demographics are the least useful” of the factors that you might consider when you are evaluating a venire panel. Their experiences and their attitudes are critical, providing a foundation for
Expect Greater Blame from Older Americans Read More »
By Dr. Ken Broda Bahm: In the days leading up to trial, you wrestle with the task of creating an opening statement in a complex case. Of course, you remember the core advice from your very first trial advocacy class, but the sheer complexity at this stage seems to be an obstacle. “How do I even start
Develop Your Story Early Read More »
by Dr. Ken Broda Bahm: The simplest way to think about persuasion is as a transaction: You step up and make your best pitch, and then your target audience either accepts it or doesn’t. The conversational way of talking about whether our audience “buys what we’re selling” reinforces that view. But the more you think
Prime Before Persuasion Read More »