By Dr. Ken Broda Bahm: I can remember the first time I wrote a theme for a bench trial many years ago. The trial team used the theme, and used it as themes should be used, which is to say, emphatically and repeatedly. And it worked: The judge actually included the theme in his written […]
Make Your Trial Theme Cinematic…Or At Least Memorable Read More »
By Dr. Ken Broda Bahm: For many years, the word among intellectual property defendants has been “Don’t Mess With (the Eastern District of) Texas.” And statistics have borne that out. According to a recent analysis in the Patent, Trademark & Copyright Journal (Pistorino & Crane, 2012), cases in the district have come down in favor
Climb Down the “Ladder of Abstraction” in Patent Cases (And All Cases) Read More »
By Dr. Ken Broda Bahm: The case of The United States versus John Edwards has everything: politics, sex, life, and death. The former vice-presidential and presidential candidate acquired a mistress and fathered a child during the campaign, behind the back of his cancer-stricken wife, then called upon a couple of key supporters to pay vast sums of
By Dr. Ken Broda Bahm: For once, a social science concept that comes with an easy to understand label! “Low effort thinking” refers to a mental approach or habit that serves as a short-cut in lieu of a more systematic or careful analysis. In the spirit of full disclosure, though, the concept is sometimes dressed up
Complex Case? Beware of “Low Effort Thinkers” Read More »
By Dr. Ken Broda Bahm: Q: What is a jury? A: A group of citizens who aren’t smart enough to get out of jury duty and aren’t interesting enough to attract the attention of either side. Okay, so that is an unfair joke, but it hints at a reality of the jury selection process:
Don’t Build Your Jury Out of Leftovers Read More »
By Dr. Ken Broda Bahm: Last Friday, Dharun Ravi was found guilty on all fifteen charges of invading privacy and committing a hate crime against his Rutgers University roommate, Tyler Clementi. Ravi had used his webcam to spy on Clementi having an intimate encounter with another man, and then advertising the event in Twitter promising
Try the Consequences, Not Just the Claims Read More »
By Dr. Ken Broda Bahm: The “Googling Juror” has emerged as a massive concern in the courts with plenty of stories on the process being thrown into mistrial by panelists who had to look up a fact, couldn’t take their finger off the Tweet button, and felt the need to “friend” parties, attorneys, and other
Rely on Instructions to Curb the Socially Networked Juror Read More »
By Dr. Ken Broda Bahm: So I almost called this post “Beware of Negative Messaging,” then I realized that that itself is a negative message. Focusing on what isn’t true, or focusing on what needs to be avoided is certainly part of communication, part of litigation, and judging from an uncomfortable number of my titles,
Embrace Positive Messaging Read More »
By Dr. Ken Broda Bahm: (Marie Colvin, Journalist, 1956-2012) Legal cases are about loss: asserting, proving, disputing, and defending against loss. Those who study and practice civil litigation have a strong interest in knowing how people comprehend and give meaning to loss, because that is what determines their reaction to your case. And current events provide a
By Dr. Ken Broda Bahm: I’ve sometimes been asked, “what is the effect of the attorney’s gender to a jury?” It would sure be nice to be able to reply, “it doesn’t matter — a good attorney is a good attorney.” But what does the data say? Last week, the Forbes-affiliated “She Negotiates” blog reported on a survey
Female Attorneys: Expect (But Don’t Accept) a Subtle Bias in the Courtroom Read More »