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(formerly the Persuasive Litigator blog)

Adapting to Jurors

The Kamala Harris Challenge: Establish (or Reestablish) Your Credibility: Five Lessons

Adapting to Jurors, Public Perception, Testifying Effectively / /

By Dr. Ken Broda-Bahm: I have long believed that persuaders of all stripes, including courtroom persuaders, can learn a lot of lessons from political communication. The dialogue over the leadership and direction of the country can be a gold mine: It’s national, it provides a wealth of examples good and bad, and — particularly recently […]

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Learn from Joe Biden’s Debate Destruction: 5 Nonverbal Don’ts

Adapting to Jurors, Public Perception / /

By Dr. Ken Broda-Bahm: At last week’s Presidential debate, incumbent Joe Biden performed about as poorly as the worst predictions. In the panicked aftermath, calls have mounted for the 81-year-old President to gracefully exit his party’s nomination stage in order to allow fresher leaders to take his place. Part of the reaction was certainly based

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Know What You’re Getting with AI Assistance: Your ChatGPT Isn’t “Hallucinating,” It’s Bullshitting

Adapting to Jurors, Writing Persuasively / /

By Dr. Ken Broda-Bahm: For a little over a year, the world has been abuzz with the experience of accessible artificial intelligence, and overflowing with speculation on the many ways it will change the ways we live and work. For law, a field that specializes in the use of language, there has been an inevitable

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Message Discipline: Opt for Fewer, Better Reasons

Adapting to Jurors, Closing Argument / /

By Dr. Ken Broda-Bahm: With the news world still abuzz with implications of former President Trump’s 34 felony convictions and impending sentencing in New York, we are left to wonder about the effectiveness of defense attorney Todd Blanche’s closing argument focused on “ten reasons for reasonable doubt.” Some of those reasons had undeniable merit, like

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As the Reptile Evolves, Update Your Understanding of ‘Duty’

Adapting to Jurors, Bias, Testifying Effectively, Witness Preparation / /

By Dr. Ken Broda-Bahm: The Reptile approach to courtroom persuasion aims to sell plaintiffs’ cases by invoking absolute duties for protection wrapped around a fear appeal that resonates with the jurors. Even with the Reptile’s ‘reboot’ version, the ‘Edge’ training appears to continue this emphasis. In a second part of an article in the CLM

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Know the Right N: How Participant Numbers Influence the Value of Your Mock Trial

Adapting to Jurors, Mock Trials and Focus Groups / /

By Dr. Ken Broda-Bahm: Your typical mock trial might involve three juries, with a total of 30 or so mock jurors. The typical public opinion poll run by an organization like Gallup, however, can involve more like 1000 participants. So what is the disconnect when it comes to sample size, the variable that researchers refer

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Defense Opening: Repair Credibility First

Adapting to Jurors, Opening Statement / /

By Dr. Ken Broda-Bahm: In an era of increased juror skepticism and perceived “Nuclear Verdicts,” there has been a call for new thinking on defense side. The need is for fresh approaches to cut against the factors motivating jurors toward extreme verdicts. The approach outlined in the book Nuclear Verdicts by Tyson & Mendes partner

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