By Dr. Ken Broda Bahm: Trial lawyers and consultants know how important it is to boil it down, and tend to agree with the three points famously made by Henry David Thoreau: “Simplify, simplify, simplify!” Our main reason for doing so, however, might be a little bit too simple. It is not just that simpler […]
Treat This as Simple Truth: What’s Simple Seems Like Truth Read More »
By Dr. Ken Broda Bahm: A recent piece in The New York Times focuses on the increasing prevalence of longer questionnaires for those called in for jury duty. While such questionnaires tend to attract media attention in high-profile cases, the article notes that they’ve “become a familiar presence in courtrooms across the United States.” The reaction from consultants
By Dr. Ken Broda Bahm: Litigation has one thing in common with real estate: location matters. There will be reliable differences when trying a case in one venue versus another. And some of the most reliable differences come down to the sometimes vast distance between a city jury and a country jury. The distinctions are
Compare the City and Country Juror Read More »
By Dr. Ken Broda Bahm: Late last week, as large crowds in Ferguson continued to protest the police shooting of the 18-year-old unarmed Michael Brown, Police Chief Thomas Jackson made two announcements. One, he released the name of the officer involved (Darren Wilson) after it was already released by the hacker goup Anonymous. And two,
Take Care With Character Attacks Read More »
By Dr. Ken Broda Bahm: I’ve known this since my days as a college professor: If you really want to learn something, then try teaching it. And there’s an important principle at the heart of that. The mindset of an active teacher is different — and better — than the mindset of a passive learner. When you’re
Prepare Your Jurors to be Teachers Read More »
By Dr. Ken Broda Bahm: My first thought was, “What’s NPR’s talented social science correspondent, Shankar Vedantam, doing talking about fish?” The story, reported on Friday, focused on research showing that fish make better decisions when swimming together rather than when swimming alone. An interesting finding, but where’s the “social” in that “science,” since people aren’t fish? In
School Your Jury (Like Fish) Read More »
By Dr. Ken Broda Bahm: Research on human decision making is swiftly honing in on one central conclusion: Motivations lead and reasons follow. In other words, what generally comes first is a preference – a desire in the form of what we want to decide. What comes second are the reasons that support that desire.
Know What Motivates Read More »
By Dr. Ken Broda Bahm: When your jury returns a verdict, who is actually speaking? Literally, of course, it is the foreperson speaking for the six to twelve on that jury. But more broadly, it is also the six to twelve speaking for the community. In some form or another, those individuals are reflecting the
Hear the Community’s Voice in Your Jury’s Damages Read More »
By Dr. Ken Broda Bahm: The jurors lean forward in their seats a bit as they have their first chance to hear about the case in opening statement. The attorney steps to the lectern, looks directly at the panel, pauses, raises his hand for emphasis and…reintroduces himself and everyone sitting at counsel table. “You’ve already
Right Out of the Blocks: Make the First Few Minutes Count Read More »
By Dr. Ken Broda Bahm: Think assessments during trial are focused narrowly on the evidence and the instructions? Think again: Jurors base case evaluations on a broader spectrum that includes reactions to the parties, their preparation, and the overall process. Litigators with much in the way of trial experience probably already know that. But a
Expect Broad Spectrum Assessments (Especially for Defendants) Read More »