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(formerly the Persuasive Litigator blog)

Case Assessment

Don’t Say Nothing: The Limitations of “No Comment” as a Litigation Crisis Strategy

Case Assessment, Commercial Litigation, Employment Litigation / /

By Dr. Ken Broda Bahm: A Google search on the phrase “no comment” appearing in recent news yields thousands of hits — various individuals and organizations responding in time-honored fashion to some sort of crisis.  Recently, for example, after CNN Analyst Roland Martin had his finger too close to the Tweet button during the Super […]

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When it Comes to Bad Defense Venues, Treat Perception as Reality

Adapting to Jurors, Case Assessment, Mediation / /

By Dr. Ken Broda Bahm: Perceptions can be tricky.  Take the picture above for example:  If you’ll do something right now, I promise that you’ll be amazed.  Stand up from in front of your monitor and step back about 15 feet from the computer, and you’ll see Albert Einstein turn into Marilyn Monroe.  Seriously!  The image doesn’t change of

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Don’t Put “Story” on Too High a Pedestal

Adapting to Jurors, Case Assessment, Comprehension, Narrative, Opening Statement / /

By Dr. Ken Broda Bahm: Many hold that stories are essential to effective communication, and I am among them.  Especially in litigation, there is a natural role for stories as a glue holding together the facts and the law, the ethics and the evidence, the logic and the persuasion.  I believe that and apply it in my

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Don’t Be Entranced By Statistical Claims From Mock Trial Research

Case Assessment / /

By Dr. Ken Broda Bahm: At a conference, I once met another consultant who actually claimed that his mock trial findings would line up with actual trial results with a definite confidence interval of, he said, plus or minus five percent.  It was one of those conference moments when you realize that you urgently need

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