By Dr. Ken Broda Bahm: This blog, like much of the internet, relies on RSS or “Really Simple Syndication.” For many of the photos that grace my posts, including this one, I also use the “Creative Commons” system of openly licensing content. The ideas for both RSS and Creative Commons licensing, as well as Reddit […]
Know the Costs of Plea-Based Justice Read More »
By Dr. Ken Broda Bahm: Here’s a “don’t do that” lesson. After calling his client and her husband “toothless cooties,” in what he thought was private communication, well-known Colorado plaintiffs’ attorney Chad Hemmat suffered a $2 million judgment (including $1.5 million in punitive damages) when the client took him to court over inadequate representation and,
Criticize Clients Carefully Read More »
By Dr. Ken Broda Bahm: There is a disconnect between awareness and reality when it comes to the level of information presented in complex civil litigation. On the one hand, experienced litigators know that jurors can only absorb so much, and will be deciding a case based on the peaks and not the nooks and
Beware of TMI: More Information Doesn’t Lead to Better Decisions Read More »
By Dr. Ken Broda Bahm: One lasting lesson from the now-concluded presidential campaign is that it matters where you get your advice. The field of political consulting has long been populated by guru-like figures like Dick Morris. Relying on subjective indicators like the feeling and size of the crowds at rallies, as well as the
Know Whether You Need a Guru or a Scientist Read More »
By Dr. Ken Broda Bahm: It is one thing to know an act has a chance of resulting in harm, and it’s another to intend that harm to occur. Or is it? Consider the example of a company that is aware of a small risk of electric shock if repairs are done without powering off
Treat Knowledge as Intent Read More »
By Dr. Ken Broda Bahm: It is increasingly expected that attorneys will conduct a mock trial, particularly in high stakes litigation. There are, however, different perspectives on what it means to conduct a mock trial, and litigators as mock trial consumers should be aware of these differences. On the one hand, some would emphasize a
Know Your Constraints: A Conversation on Mock Trial Design Read More »
By Dr. Ken Broda Bahm: It has been an up and down week for the Obama administration in the Supreme Court. On Monday, the Justice Department scored a mixed result on Arizona’s immigration law preserving the “papers please” policy that Arizona intends to apply to immigrants in that state, allowing police officers to demand proof of citizenship from
Learn From Your Wins and Your Losses Read More »
By Dr. Ken Broda Bahm: Mediators have a delicate job. They know it isn’t their role to praise or blame a party. It isn’t their role to take sides. To do so means sacrificing their credibility and their effectiveness along with it. But the tougher question is whether a commitment to stick to facilitation, rather
Know When to Give Your Mediator a Voice: The Settlement Series, Part Three Read More »
By Dr. Ken Broda Bahm: There is a perspective on negotiations focusing on tactics, secret strategies, or tricks. The problem with this tricks-based approach is that once you have two sides who think they know the tricks – like “never make the first offer,” – then you’re headed for a stalemate faster than a game
Don’t Play Chicken With Your Case: The Settlement Series, Part Two Read More »
By Dr. Ken Broda Bahm: We all have an image in our heads of the way we expect cases to end: passionate presentations, gripping witness testimony, then a tense wait followed by the dramatic verdict. In the great majority of cases, however, the dispute will end not in a courtroom but in a conference room.
Break Through the Barriers: The Settlement Series, Part One Read More »