By Dr. Ken Broda-Bahm: As your juror hears testimony from a banking executive, is she thinking that banks are secretly controlling society? As another juror hears from a medical expert, is he thinking that experts like that are the ones who caused the “covid hoax”? What might it mean for your case if the jury […]
Be Alert for Conspiracy Thinkers in Jury Selection Read More »
By Dr. Ken Broda-Bahm: With fewer than 30 days to go until one of the most pivotal elections in our history, do you believe the polls? Many would say “No.” Even when our favored candidate is ahead, we all seem to believe that there is some built-in error in the surveys. People aren’t always willing
Expect Jurors to Censor Their Opinions Read More »
By Dr. Ken Broda-Bahm: Every trial lawyer I know believes that they are adapting their communication in order to get the jury — or, for that matter, the judge — to understand. At the same time, they will still try to be concise, correct, and specific. Sometimes, the competing demands can lead lawyers into speaking
Avoid Legalese, and Other ‘Magic Spells’ Read More »
By Dr. Ken Broda-Bahm: Sometimes in civil cases, the plaintiff’s liability claim is opportunistic, wishful, or factually weak. Other times, it is real. Someone didn’t do their job, a danger was missed, or — in that Olympic champion of passive-voice phrases — “mistakes were made.” In this situation, the question of whether to contest or
When You Concede Liability, Make Sure You Concede With Benefits Read More »
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
The Kamala Harris Challenge: Establish (or Reestablish) Your Credibility: Five Lessons Read More »
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
Learn from Joe Biden’s Debate Destruction: 5 Nonverbal Don’ts Read More »
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
By Dr. Ken Broda-Bahm: As civil jury trials continue to become more scarce, the need to reasonably assess what result a jury would return in trial becomes even more important. Even when the trial does not happen — especially when it does not happen – clients, counsel, and insurers need a rational way to ground
Stop Speculating on Your Damages Exposure Read More »
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
Message Discipline: Opt for Fewer, Better Reasons Read More »
By Dr. Ken Broda-Bahm: How many times have you heard that a jury — especially a jury that is deliberating about damages in a civil case — is about as predictable as the lottery? The broad perception is that as jurors arrive at figures in the deliberation room, they’re essentially throwing darts at a dart-board.
Trust (but Guide) Your Jurors on Damages Read More »