By Dr. Ken Broda Bahm: Every day, we are reminded that we live in a new age that can be called “post-truth.” We pay a lot of attention to external sources of misinformation, whether it is motivated public figures, partisan news networks or questionable private news blogs, not to mention the variety of memes, bots, […]
Expect that Jurors Might Generate Their Own Fake News Read More »
By Dr. Ken Broda Bahm: There is one habit of attorneys that promotes precision in analytical thinking, but often interferes with the ability to clearly communicate with the audience. That habit is the tendency to divide points into sub-points, and to further divide those sub-points into sub-sub-points, and so on. For example, in the world
Don’t Ask Your Audience to Follow Substructure: Five Reasons Flat Structure Is Better Read More »
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 »