By Dr. Ken Broda Bahm: Before a recent presentation, I was chatting with a Texas medical malpractice defense attorney when she shared the following: Plaintiffs’ lawyers have changed. They’re all talking about “safety” now, and that word is finding its way into every deposition: “What is the safe procedure?” or “What would’ve kept Mrs. Johnson […]
Respond to the Reptile Read More »
By Dr. Ken Broda Bahm: Take a look at the picture above. See the duck (looking to the left)? Now, see the rabbit (looking to the right)? Now try to see them both at the same time. If you’re like most people, you can’t. Instead of seeing an image that is simultaneously a duck and
Switch Between Analysis and Empathy (Because You Won’t Get Both at the Same Time) Read More »
By Dr. Ken Broda Bahm: It is one thing to know an act has a chance of resulting in harm, and it’s another to intend that harm to occur. Or is it? Consider the example of a company that is aware of a small risk of electric shock if repairs are done without powering off
Treat Knowledge as Intent Read More »
By Dr. Ken Broda Bahm: Sheep tend to placidly eat what’s in front of them. Wolves, on the other hand, hunt. Now, with that distinction in mind, think about how we now typically gather information. There may have once been a time when the average American came home from work, turned on the television, and
Treat Fact Finders as Information Wolves, Not Information Sheep Read More »
By Dr. Ken Broda Bahm: The presidential contest is too close to call, but assuming we have a result by the end of the election day tomorrow, one thing is all but certain: Roughly half of the population will be shocked and appalled by the decision made by the only slightly larger other half of
Know the Limits of Political Empathy Read More »
By Dr. Ken Broda Bahm: Here is one belief I’m pretty sure about: Most of us tend to be pretty sure about our beliefs. As the waning campaign season has continued to demonstrate, we tend to select a chosen belief and stick to it rigorously, even in the face of contrary information. In our personal
Cut Through the “Stickiness” of Prior Beliefs Read More »
By Dr. Ken Broda Bahm: It is Halloween time again, and everyone who is a kid or young enough to party like a kid, is preparing their temporary identity for the night: a pirate, a witch, a vampire. This year, apparently, the trending looks are less traditional, including “Angry Birds” and costumes for this year’s angriest
Appeal to Your Juror’s “Temporary Identity” Read More »
By Dr. Ken Broda Bahm: “Were they even watching the same trial I was?” Lawyers will sometimes wonder, after talking with jurors or hearing a post-trial interview, how perceptions can be so different. At times, it can be hard to believe they’re reacting to the same set of facts. We witnessed this type of scenario
Account for Selective Perception: 2012 Presidential Debate Series, Part Four Read More »
By Dr. Ken Broda Bahm Imagine a typical employment discrimination case, subject to all of the ambiguities of human motivation. To the plaintiff, it is a story of good if not exceptional work performance cut short by a decision to terminate based on race, gender, age or disability. To the defendant, it is a story
Realistically Compare Your Employment Fact Finders Read More »
By Dr. Ken Broda Bahm: News: Americans still don’t love lawsuits. According to polling conducted in August by Luce Research for the American Tort Reform Association and the group, Sick of Lawsuits, “Americans firmly believe that lawsuit abuse is a problem in our country. They see too many lawsuits and believe that the number of
Take Anti-Lawsuit Attitudes With a Grain of Salt Read More »