Your Trial Message

Adapting to Jurors

Subvert Stereotypes: Free the Attorney, the Expert, and the Juror

By Dr. Ken Broda Bahm: Think beyond the stereotypes. That is what you’re used to hearing (and I’m used to saying) about jury selection. But that same need to subvert the stereotypes applies not just to picking panelists, but to persuading as an attorney or an expert witness as well. In each of these situations, […]

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Play It Where It Lies: Throughout Trial, Match the Message to the Mindset

By Dr. Ken Broda Bahm: Once I was looking into the purchase of a new car. So I visited the showroom, not with the intent of purchasing that day, but with the more general goal of gathering information. I wasn’t there for two minutes, however, when the salesman hit me with the question, “So, what

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Close Your Case By Walking Through the Decision and Verdict Form (Another Note on the John Edwards Trial)

By Dr. Ken Broda Bahm: Your opening is a story, I’ve written before, about what happened and about what kind of case this is. The closing is a different story, not about what happened, but what is about to happen: deliberations and a verdict, hopefully in your favor. It makes little sense to go all

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Turn in a Powerful Deposition, Doctor Defendant

By Dr. Ken Broda Bahm: The Hippocratic oath also applies to doctors caught in the litigation process. In deposition, the rule is “first, do no harm” to your case. No one wins their own case in deposition. But a medical defendant might end up losing it by falling prey to some common mistakes. Depositions are taken in order

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