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(formerly the Persuasive Litigator blog)

Adapting to Jurors

Assessing Your Jurors’ Politics? Look for Conspiracy Thinking As Well

Adapting to Jurors, Bias / /

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 — […]

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Negligence Cases: Make Mental State Part of the Story

Adapting to Jurors, Narrative / /

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

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Take Note: “I’m Sorry” Doesn’t Necessarily Mean “I’m Liable” 

Adapting to Jurors, Public Perception / /

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

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Keep Your Mini-Opening to its proper purpose

Adapting to Jurors, Opening Statement, Voir Dire / /

By Dr. Ken Broda Bahm: As part of the voir dire process practiced in most California state courtrooms, the step of allowing each side to make a mini-opening before questioning is becoming more common. That is decidedly less so in many other states, where judges (with at least a little justification) might be thinking, “I

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Adapt: Don’t ‘Dumb it down’ but do dial it in

Adapting to Jurors, Comprehension, Expert Witnesses / /

By Dr. Ken Broda Bahm: Many years ago, when I was still an academic and moving into the field of litigation consulting, I used to coach debate. Recently, a friend from that time told me that he is now coaching a program that includes a lot of inexperienced judges, including parents, and asked if I

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