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 »
By: Dr. Ken Broda Bahm – U.S. District Court Judge G. Thomas Porteous, in his recent Senate trial, was called “something of a moocher.” Earlier this year, former Illinois Governor Rod Blagojevich was called “foolish,” and “not the sharpest knife in the drawer.” With comments like these coming from their own lawyers, it is enough to make you
By: Dr. Ken Broda Bahm In the wake of November 2nd’s Congressional Mid-Term elections, and another change in the party in charge at the House — widely read as a referendum on President Obama — the focus of punditry has turned to the question of whether the President “get’s it,” or not. As President Obama, again,
Make Sure Jurors Understand That You “Get It” Read More »
by: Dr. Ken Broda Bahm The common wisdom is that closing argument it the time to, well, present arguments. However, a sensitivity to your audience and to what jurors are trying to do during your closing argument, suggests that straightforward argument may not be the best way to help jurors feel like they’re 1.) coming
Remember That Argument Isn’t The Most Important Part of Closing Read More »
by: Dr. Ken Broda Bahm At the close of the corruption trial of former Illinois governor Rod Blagojevich for, among other things, trying to sell Barack Obama’s vacated Senate seat to the highest bidder, the defense surprised many by putting on no witnesses and by reneging on an earlier promise that Mr. Blagojevich would testify
Keep Your Burden of Proof in Your Back Pocket Read More »
by: Dr. Ken Broda Bahm So the company finally terminates the troublesome employee. “Problem solved,” right? In a litigious climate, the answer could be, “Wrong, the problem’s been replaced by a different problem” because what follows could be months or years of discovery, deposition, and developing strategy before you find yourself explaining that decision to
In Employment Cases (and All Cases), Keeping it Simple is Smart Read More »