By Dr. Ken Broda Bahm: There are many reasons to mock try your case before trial or settlement. It helps you assess your overall case, identify your strengths and weaknesses, and test your messages, witnesses, themes, and graphics. It won’t necessarily predict your results, but when done well, it will inform you on the reasonability of possible ranges. […]
Mock Try Your Brain Injury Case Read More »
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
In Settlement, Account for the Sobering-Up Effect Read More »
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
Take Your Trial Venue’s Temperature: Seven Uses for a Community Attitude Survey Read More »
By Dr. Ken Broda Bahm: “What’s the “credibility fish,” you ask? It is the shape in the image above: The graph that is made when measuring the credibility of each of two parties over the course of a simple mock trial. We ask the mock jurors to rate each party’s credibility on a scale that
Aim for the “Credibility Fish” in Your Mock Trial Read More »
By Dr. Ken Broda Bahm: Opening statements began this week in the trial of James Holmes, the acknowledged gunman in the 2012 shooting during a midnight screening of The Dark Knight Rises in Aurora, Colorado. The tragedy sent ripples throughout the nation, and on the heels of a jury selection that was unprecedented in its scope,
Be Measured in Your Use of Emotions Read More »
By Dr. Ken Broda Bahm: The 2014 World Series ended yesterday in a 7th game win by the Giants. The game had some recalling the last time the Royals were in the World Series: 1985, where an infamous blown call by the umpire in game six led to a Royals win in game seven. Those
Beware the Bias for the “Safe” Call in Case Assessment Read More »
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
Expect Broad Spectrum Assessments (Especially for Defendants) Read More »
By Dr. Ken Broda Bahm: The prospects for persuasion in some cases can seem quite dismal. Those who are most committed to a false belief, and therefore most in need of persuasion, are also those who are most likely to turn away information that questions those existing views. Indeed, the act of hearing and responding
Account for Both Cue and Rebound Read More »
By Dr. Ken Broda Bahm: The Superbowl is now over, the Seahawks are victorious, and now it is time for the traditional post-game attention to turn toward the commercials (especially for Broncos fans). This year, the winner in the most-discussed category seems to be the Budweiser commercial featuring the heartwarming bond between dog and horse.
Be Skeptical of Dial Testing Read More »
By Dr. Ken Broda Bahm: Ever felt like you needed a phrase to describe that moment when you are sucked into a client’s unproductive mindset? Well, here it is: “vicarious entrapment.” The condition stems from the fact that trial lawyers wear two hats. On the one hand, they’re advocates — zealous advocates – for their
Avoid ‘Vicarious Entrapment’ When Assessing Your Client’s Case Read More »