Your Trial Message

Adapting to Jurors

Remember, With Damages It’s the Message and Not Just the Math

By Dr. Ken Broda Bahm: In the long-running legal battle between mobile phone titans Apple and Samsung, the former just received a verdict of $539 million for the latter’s infringement of five design and utility patents. After spending days on the calculations, the San Jose jury returned an amount that seemed to be driven by calculations: exactly $533,316,606 […]

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Use the Features that Make the Fake News Fly

By Dr. Ken Broda Bahm:  There is an old saying attributed to Mark Twain, that “A lie can travel halfway around the world while the truth is still putting its shoes on.” Based on a recent large-scale MIT study, that turns out to be pretty accurate. The study, released this past week in the journal Science (Vosoughi,

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Trial Lawyers, Improve Your Emotional Intelligence (7 Reasons and 3 Ways)

By Dr. Ken Broda Bahm: What counts as good legal persuasion differs from one country to the next. Different cultures, different legal rules and systems, and different fact finders all make a difference. But one thing stays consistent no matter the venue or the tongue: Legal persuasion boils down to people using communication to influence

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Expect a Majority of Your Jurors to Commit Online Misconduct

By Dr. Ken Broda Bahm: You know it is possible. As those jurors leave the courtroom with their mobile phones on a break or at the end of the day: They could be off on their own evidence-gathering foray, looking up the parties, the lawyers, the witnesses, or the law. But, they’ve been given strong

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Compensate for Dry Style or Dry Material: Seven Ways

By Dr. Ken Broda Bahm: Imagine this: Your success as an attorney or a witness requires a painstaking dig into the fine points of securities trading. Or offshore corporation taxation rules. Or design criteria for inventory-tracking software. Or the minutia of a construction timeline. Or a patent claim for an electronic switch. Or…you get the

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Spark Curiosity

By Dr. Ken Broda Bahm: If I followed the modern ‘clickbait’ style in coming up with a title for this post, maybe I’d go with “You Won’t Believe the Psychological Technique that Creates Greater Influence,” or perhaps, “Twenty Ways to Persuade with Curiosity: #19 Will Shock You!!” As much as we might hate the over-the-top social media versions (not

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