By Dr. Ken Broda Bahm: In the vast majority of my experiences with the legal system, attorneys and parties are painstakingly civil, as a rule. However, in my two most recent trials, there have been notable exceptions to this rule. In one case, opposing counsel, after making discovery a miserable process for both counsel and […]
Reconsider the ‘Rambo Style’ in the Courtroom Read More »
By Dr. Ken Broda Bahm: There is a danger in what I call the “product” orientation toward persuasion. That orientation focuses on persuasion as an outcome, as a discrete “thing” that is transferred from a sender to a receiver. The advocate in effect thinks, “I have something — it is called a correct opinion — and
Persuade Through Process Read More »
By Dr. Ken Broda Bahm: Ladies and gentlemen of the jury, it did not have to end up this way. At many points in time, and at many places along the course of this story, the individual sitting here with opposing counsel could have made a different choice. He could have taken a different path. He
Focus on the “Paths Not Taken” by the Other Side Read More »
By Dr. Ken Broda Bahm: If a manufacturer rushes an untested new product to market, did they do it to realize a gain (let’s say to increase profits by expanding into a new market) or to prevent or mitigate a loss (maybe to protect the company against an economic downturn)? The difference in this case
To Convince on Negligence, Frame It as “Gain” Read More »
That impulse to stop the billing is understandable, but it can also be penny-wise and pound foolish. When a crowded docket knocks your case off it’s scheduled date with destiny, of course it makes sense to adapt your preparation. But it also makes sense to take a few steps to make sure that your readiness for trial is retained, or even improved, during the gap. That impulse to stop the billing is understandable, but it can also be penny-wise and pound foolish. When a crowded docket knocks your case off it’s scheduled date with destiny, of course it makes sense to adapt your preparation. But it also makes sense to take a few steps to make sure that your readiness for trial is retained, or even improved, during the gap. In this post, I will share five practical ideas for keeping your pencil sharp when your trial preparation suddenly shifts from “Go” to “Stop.”
Adapt to Stop-and-Go Trial Schedules Read More »
By Dr. Ken Broda Bahm: If you remember even a few images from kindergarten, you probably remember the time when your teachers would lay out the mats — that was the cue that it is naptime. One might say that the similar cue in a courtroom is when one side or the other cues up
Play Recorded Testimony Without Creating Courtroom Naptime Read More »
By Dr. Ken Broda Bahm: Once the cases are both in, the witnesses are all examined and, the evidence is before the jury, it is time to close, and for many attorneys, that means ramping up the emotion in order to commit jurors to your position. The exact tone you’re going for is going to
Show Some (Authentic) Anger in Closing Read More »
By Dr. Ken Broda Bahm: Some attorneys seem to have a natural ability to make themselves understood. They are able to connect with their audience while laying out central points that are clear, resonant, and influential. Other attorneys may be just as organized, prepared, and ultimately accurate…but still not able to get jurors to that point
Loop Back and Reinforce the Punchline Read More »
By Dr. Ken Broda Bahm: How likely is it that a corporation’s competitor could come up with a parallel product without infringing a patent? How common is it for someone to get injured on an amusement park ride? How normal would it be for someone who gets regular physical exams to have an undiagnosed stage
Use Jurors’ Availability Bias Read More »
By Dr. Ken Broda Bahm Traditionally, we might think about what happens in the jury room as a kind of “Black box,” an unknown process with jurors keeping their secrets on how they got to their verdicts. In practice, however, we know a fair amount about what’s in that “box.” Based on both scholarly research
Better Instructions: Make Your Jurors Accountable Devil’s Advocates Read More »