By Dr. Ken Broda-Bahm: The number of criminal indictments against Donald Trump is now up to four. In the self-sealing belief systems of some of the former President’s more zealous supporters, if prosecutors are going after Trump, that means they’re corrupt, and if judges are siding with those prosecutors, they’re also corrupt. And, by extension, […]
Don’t Dox Your Jurors Read More »
By Ken Broda-Bahm: It hasn’t been the easiest year for America’s railroad companies. Last Fall, in the midst of an inflationary panic, a national rail strike threatened to disrupt the nation’s shipping system, before that was resolved through a combination of Presidential carrots and sticks. But that was all eclipsed just a few months later,
Expect Skepticism (and Some Support) for Railroads Read More »
By Dr. Ken Broda-Bahm: Persuasion is at the core of what litigators do, not exclusively, but particularly in court. Despite that, aspiring lawyers train on a legal model that emphasizes some aspects of persuasion (like evidence and logic) while de-emphasizing or ignoring other aspects (like emotion, salience, and motivation). In a recent article, “Persuasion Principles
Model Effective Legal Persuasion Read More »
By Dr. Ken Broda-Bahm: It is a jury’s first task: Pick a foreperson, someone who will lead the discussion, help the group walk through the evidence, and work their way to a decision. Who gets picked? The person who is experienced at being a juror? The person who holds a leadership role in their work
Treat Big Talkers as Jury Leaders Read More »
By Dr. Ken Broda-Bahm: Trump’s second indictment is now unsealed, this one framing 37 federal felony counts for willfully retaining classified records at his private residence, and for trying to obstruct the efforts of the FBI and others in trying to recover these documents. Predictably, the response from the former President’s supporters has been to
Fight False Equivalence (and Other ‘Low Effort’ Arguments) Read More »
By Dr. Ken Broda-Bahm: It’s probably one of the most unfair biases, but also one of the most ingrained. Human beings prefer attractive people over unattractive people, and that is likely tied to our evolutionary biology. Referred to sometimes as “lookism” the bias confers a number of advantages on those who are socially perceived to
Pretty Persuasion: Treat Party or Witness Attractiveness as Part of Credibility Read More »
By Dr. Ken Broda-Bahm: When it comes to sizing up our potential jurors, we are used to looking at their politics. Both conventional wisdom and practical experience suggest that conservatives are more likely to prioritize individual responsibility while liberals focus on social responsibility. That means that in many cases — not all, but many —
Assessing Your Jurors’ Politics? Look for Conspiracy Thinking As Well Read More »
By Dr. Ken Broda-Bahm: Negligence is supposed to be a determination of action, not intention. Looking only at outward conduct, jurors in a negligence case are typically asked to decide whether an act, or a failure to act, was reasonable, and in line with what reasonable peers would have done in a similar situation. The
Negligence Cases: Make Mental State Part of the Story Read More »
By Dr. Ken Broda-Bahm: There are many phases to a trial. Some of those phases are just for lawyers, but some of them really should include the clients as well. The voir dire process, where the ultimate jury is selected, is one of those latter phases. The clients for all parties should be there. But
Bring Your Client to Voir Dire Read More »
By Dr. Ken Broda Bahm: There is a common perception that when you apologize, it means you’ve done something wrong. The Latin “mea culpa,” after all, means “through my fault.” In a litigation context, that perception on the part of lawyers and insurance companies can lead to the belief that you should avoid apologizing if
Take Note: “I’m Sorry” Doesn’t Necessarily Mean “I’m Liable” Read More »