By Dr. Ken Broda Bahm: If that commercial for the knife set just laid it all out at the start, it would sound like this: “Okay, here is the deal, you get the knives, the storage block, an extra set of steak knives, free sharpening for life, and free shipping if you call in the next hour.” […]
But Wait, There’s More: Build Your Case Over Time, Instead of All at Once Read More »
By Dr. Ken Broda Bahm: I’ve written about presidential aspirant Herman Cain, and his effective use of the “9-9-9” mnemonic, but more recently, Mr. Cain might be having more troubling memories. Specifically, he might be thinking, “If only I had an iron clad non disclosure agreement in my sexual harassment settlements….” While Mr. Cain’s predicament is unique, what is
Help Your Fact Finders Think About What Might Have Been Read More »
By Dr. Ken Broda Bahm: Whatever you think of Republican Presidential contender and former pizza magnate Herman Cain, you’ve got to give him credit for creating a theme using only three digits… and a theme about tax policy, no less. Mr. Cain has been ascendant recently in the race for the GOP nomination, largely based
Remember Herman Cain’s “9-9-9” Plan, and Don’t Forget the Power of a Good Mnemonic Read More »
By Dr. Ken Broda Bahm: As you begin reading this post, please don’t think about the white bear. Seriously, don’t think about it. Did that work? Or are you now thinking about the white bear even more? That is the classic example in psychology research on the counterproductive effect of “thought suppression” instructions. Test subjects given
By Dr. Ken Broda Bahm: My computer and I are currently fighting. In my Dell laptop’s fragile state, even the simplest actions can result in a freeze, or one of those inscrutable Microsoft messages, like “the instruction at 0x00630522 referenced memory at 0x04d92670 and the memory could not be ‘read’”(as if that information helps the typical user:
With Computers and Witnesses, Expect Memory Errors Read More »
By Dr. Ken Broda Bahm – In a recent viral video on YouTube an old couple peers into a computer webcam, trying to figure out how to operate the device, not realizing that they are recording themselves. Beyond providing a charming vignette, the clip might also be seen as a window into the future of the American jury.
Account for the Graying of Your Jury Pool Read More »
By Dr. Ken Broda Bahm – “Well…let me just throw a number out to get us rolling: Five million dollars!” (Recent mock juror quote) Juror damage awards can seem erratic and inexplicable, not only to the public, but to experienced litigators as well. Particularly when jurors are valuing something other than a concrete expense by assessing non-economic
Get the Gist of How Jurors Decide Damage Numbers Read More »
By Dr. Ken Broda Bahm – When we think of great attorneys, the skills that we most often cherish are persuasion and logic — the power to get a judge or jury to think and to do what you want. But what about the ability to inform, to explain, to simply make something clear? An
By Dr. Ken Broda Bahm – We all remember “show and tell,” and at least back then we understood intuitively that if we tried to just tell, without showing, we couldn’t expect much attention from the class. The same applies in litigation, and in a way you might not expect. This post is the first in a five-part series, reporting
By Dr. Ken Broda Bahm – We all remember Aesop’s fable of the happy-go-lucky grasshopper who played away the summer while the ants worked industriously. When winter came, and the hungry grasshopper ended up at the ant’s door, the moral of the story became clear: entitlement, the feeling that the world owes you a living,
Spot the Jurors Who Feel Entitled to Award Higher Damages Read More »