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Adapting to Jurors

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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Brown Cows and Chocolate Milk: Account for Rational Ignorance

By Dr. Ken Broda Bahm: File this in the category of, “I didn’t realize just how uninformed some people are,” a new survey makes the claim that seven percent of American adults believe that chocolate milk comes from brown cows. The data comes courtesy of the Innovation Center for U.S. Dairy drawn from an online survey conducted in April

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Excluded Evidence: If Jurors Can’t Know “What,” Help Them Understand “Why Not”

By Dr. Broda Bahm: When I give the orientation at the beginning of a mock trial, I’ll typically say something like, “Because this is a shortened version of a trial, you aren’t going to be able to hear everything. We will boil it down, summarize, and avoid some of the details, and we do that

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Understand How the Presidential Campaign Rewrote the Book on Persuasion

By Dr. Ken Broda Bahm: Have you heard of a company called Cambridge Analytica? Well, chances are, they’ve not only heard about you, they know quite a bit about you. Until recent months, the company had been a little-known data analysis outfit based in London. But based on a number of reports, including a very informative recent

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Expect Jurors to See Themselves as More Moral than Average

By Dr. Ken Broda Bahm: As the juror sits in the jury box hearing the case, she is not just rationally deciding who has the better position. She is also applying and maintaining her own self-concept. The implicit question she is asking herself is, “Am I the kind of person who would approve or condemn this?”

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See Persuasion as a Process (Toward a Unified Theory of Legal Persuasion)

By Dr. Ken Broda Bahm: An attorney at our firm, tapped to give a CLE talk, asked me recently if I had anything on the “science of persuasion.” Pretty broad. I wondered where to begin, but it did get me thinking. At the most general, 30,000-foot level, what is the science of persuasion? Does the

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