Your Trial Message

Your Trial Message

(formerly the Persuasive Litigator blog)

Case Assessment

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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Avoid ‘Vicarious Entrapment’ When Assessing Your Client’s Case

  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

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Follow the Ten Commandments of Graphics Use in Trial

By Dr. Ken Broda Bahm: A recent blog post written by a juror in the trial of Jim Fayed, a gold trader convicted of arranging the brutal murder of his estranged wife in a Los Angeles parking garage, included some rather colorful descriptions of the prosecutor’s use of demonstrative graphics: …And then there were the

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