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 »
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
As the Reptile Evolves, Update Your Understanding of ‘Duty’ Read More »
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
Know the Right N: How Participant Numbers Influence the Value of Your Mock Trial Read More »
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
Defense Opening: Repair Credibility First Read More »
By Dr. Ken Broda-Bahm: The “Reptile” approach to trying civil cases by targeting a fear response has transitioned from being a novelty to being a mainstay in a little more than a decade. While the approach has not always been taken seriously by defendants, it has been the North Star for many on the plaintiff’s
Be Ready for a Reptile-Reboot Read More »
By Dr. Ken Broda-Bahm: In our increasingly digital world, the idea of taking notes the old-fashioned way with paper and pen can feel quaint. Yet, many of us still do it. For those jurors who are permitted to take notes, they are almost certainly doing it the old-fashioned way. New research, however, continues to demonstrate
Encourage Juror Note-Taking (and Take Notes Yourselves) Read More »