By: Dr. Ken Broda Bahm – Never heard of “Alpha” and “Omega” strategies for persuasion? Until recently, neither had I. But after reading the research, it has changed my way of looking at persuasion. The terms are based on something called the “approach-avoidance” model (Knowles & Linn, 2004), suggesting that to an audience, every position you […]
Persuade Using Both Alpha and Omega Strategies Read More »
By: Dr. Ken Broda Bahm – When I heard that the world would be ending on May 21, 2011, I knew that I would be set either way: If the world didn’t end, I would have a good blog topic, and if it did, well then, no more worrying about blog topics. So, here we are,
Be Relatively Cautious With Absolutist Jurors Read More »
By: Dr. Ken Broda Bahm – Exactly what do people celebrate when they see a fitting result? Sometimes it is justice, and sometimes it includes a measure of payback or revenge as well. Just over a week ago, news from the Oval Office ignited jubilant celebrations in Times Square and many other parts of the country. Scenes
A Mixture of Justice and Revenge: Target Juror Psychology in Awarding Damages Read More »
By: Dr. Ken Broda Bahm – There is a pattern in medical malpractice litigation: people want to trust their doctors. This pattern is something observed in our own experience, in human psychology, and in attitudes toward malpractice trials. Plaintiffs only win when jurors are able to overcome that trust. The best thing that doctor-defendants have
In Malpractice Litigation, Account for Jurors’ Motive to Trust the Doctor Read More »
By: Dr. Ken Broda Bahm – Those who count on the human ability to prioritize reason and evidence over unshakable conviction — and all participants in the litigation process ought to count themselves in that group — should take note of the persistence of questions over the President’s place of birth, and the sad take-away
Convert Your Conspiracy Theorists: Research Shows it Can Be Done Read More »
By: Dr. Ken Broda Bahm – Last week, in part one of this post, I wrote about the increasing tendency for jurors to express irritation and insecurity at the prospect of serving out their jury duty, a greater proportion of hardship claims, and some recent research showing that the resulting changes in the jury pool could lead to
By: Dr. Ken Broda Bahm – The situation has been noted with a surprising frequency: Instead of filing in quietly to fulfill their civic duty, prospective jurors in voir dire have expressed a deep frustration over the litigation process and a deep concern over serving. Most recently, an article in the National Law Journal noted this
By: Dr. Ken Broda Bahm – This post is focused on bulking-up your ability to target high-risk jurors and performance enhancing your voir dire. So speaking of steroids, let’s start with Barry Bonds. Jury selection for the perjury trial of the former San Francisco Giants power-hitter, charged with lying to a grand jury over steroid use, starts
By: Dr. Ken Broda Bahm – With our current nationwide surplus of wintry weather, it has become a familiar feeling: The car you are driving loses traction and starts to slide. Your every impulse is to wrench the steering wheel hard in the opposite direction. Then the voice of your long-ago high school drivers’ ed
When It Comes to Your Greatest Case Weakness, Steer Into the Skid Read More »
By: Dr. Ken Broda Bahm – On some days, just watching the news can stop us cold. Those who work in law should be proud to be part of a system that, however imperfectly, resolves disputes with appeals to reason and judgment rather than force. But the opposite end of the spectrum was seen in last week’s devastating shooting
Don’t Advocate from a Position of Hate Read More »