Your Trial Message

Case Assessment

Treat Your Jury as Not Just Legal, But Political and Moral as Well

By Dr. Ken Broda Bahm: “Just follow the law.” That is the message jurors hear in various forms from jury selection through the final words before deliberations. In addition to being the legally appropriate charge, it speaks generally to the jurors’ sincere intentions as well. With relatively few exceptions, jurors don’t want to set policy with their […]

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In Settlement, Account for the Sobering-Up Effect

By Dr. Ken Broda Bahm: Consider these words through the lens of your case assessment leading up to trial: “People tend to be optimistic creatures, looking forward to a long life, imagining it full of pleasures and success, and savoring the achievements that are yet to come. Numerous writers have noted this to be a

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Take Your Trial Venue’s Temperature: Seven Uses for a Community Attitude Survey

By Dr. Ken Broda Bahm: Gone are the days when trial consultants were just jury-pickers. Today, your trial consultant — more  broadly, a litigation consultant — is likely to offer a variety of services ranging, as we say, “From first filing to final appeal: “case assessment, strategy, witness preparation, mock trial and focus group research, and

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Expect Broad Spectrum Assessments (Especially for Defendants)

By Dr. Ken Broda Bahm: Think assessments during trial are focused narrowly on the evidence and the instructions? Think again: Jurors base case evaluations on a broader spectrum that includes reactions to the parties, their preparation, and the overall process. Litigators with much in the way of trial experience probably already know that. But a

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