By Dr. Ken Broda Bahm: Law schools don’t necessarily teach you how to try a case, or cover all the areas of law you’ll need to know in your niche. But by all accounts, they do a very good job of encouraging students to “think like a lawyer.” That means thinking systematically, analytically, and logically. So when […]
By Dr. Ken Broda Bahm: It should have been big victory for social science in the courtroom: Noting that lay jurors tend to give eyewitness testimony in criminal cases far more weight than it deserves, psychological researchers weighed in with recommendations, and remarkably, judges actually listened. In July of 2012, New Jersey’s judiciary adopted new jury
Beware of Instructions that Highlight but Don’t Correct Read More »
By Dr. Ken Broda Bahm: When you’re a campaign front-runner, you can expect a little extra attention, and Republican presidential candidate Ben Carson is now finding that out. The controversy is based on claims that he received and turned down a scholarship offer from the U.S. Military Academy at West Point. Following some journalistic digging
Treat Memory as Reconstruction Read More »
By Dr. Ken Broda Bahm: I’ve been accused before of being in love with metaphors. From my debating days in school to my current authorship of this blog, I often find myself thinking, interpreting, explaining, and arguing through the use of parallel situations and analogies. It’s my bread and butter, you could say (sorry, couldn’t
Adapt to Your Metaphorically-Minded Juror Read More »
By Dr. Ken Broda Bahm: Back when I used to teach public speaking, I would tell my students that their speech introductions needed to contain four steps: Gain attention State your purpose Mention a “payoff,” or clear benefit to the audience And preview your main points
Mention the Payoff to Help Your Decision Maker’s Attention Read More »
By Dr. Ken Broda Bahm: If you’re outside in the dark, maybe aided by a little starlight or moonlight, you can probably see your surroundings a bit dimly: You can’t see everything, but hopefully you see enough that you don’t stumble. Now, add a flashlight. The path you’re pointing the light at is now quite
Remember that Memory is Selection, not Retrieval Read More »
By Dr. Ken Broda Bahm: I often play the role of the “judge” during a mock trial. In that capacity, I have the pleasure of reading the legal instructions to the mock jurors just before they deliberate. While I’m droning on about “preponderance,” and “proximate cause,” and making the plaintiff “whole,” I am often met
Embrace Plain English Jury Instructions Read More »
By Dr. Ken Broda Bahm: The image of the trial lawyer that comes closest to our ideal might involve the advocate standing in front of the jury or the bench, waxing eloquent in oral argument. But the reality is that, even for lawyers who get to trial frequently, they’re writing more often than they’re speaking.
Check Your Language Level Read More »
By Dr. Ken Broda Bahm: In an age when Americans spend a stunning 11 hours every day, on average, interacting with digital media, the idea that it is somehow enough in the courtroom for trial lawyers to simply use the power of words or a few static images is becoming increasingly dated. If you really want to
Animate: Give Your Jurors Three Dimensions, or More Read More »
By Dr. Ken Broda Bahm: Though Denver is still encased in snow, youth soccer season is just around the corner, and soon I’ll be watching my daughter and her teammates chase the ball around the field. At this age (six), they’re not yet playing positions, so one common bit of advice from their coach is
Complete Your Argument Read More »