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 In a litigious climate, the answer could be, “Wrong, the problem’s been replaced by a different problem” because what follows could be months or years of discovery, deposition, and developing strategy before you find yourself explaining that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 »
by: Dr. Ken Broda Bahm Faced with conflicting testimony in a fictionalized construction case, a recent Denver mock jury had to decide whether it was more likely that an owner created unworkable conditions, or that a contractor had dropped the ball. Their answer — that the contractor had indeed dropped the ball — was buttressed
Remember That Your Juror is a Consumer First Read More »
by: Dr. Ken Broda Bahm No, I’m not talking about a breach of decorum that could end with a quick trip to jail. I’m talking about strategy. To understand what I mean by a disruptive trial strategy, imagine a typical juror who walks into a courtroom wrapped in attitudes and experiences that she has built
Be Disruptive in the Courtroom Read More »