By Dr. Ken Broda Bahm: A few days ago, after the National Rifle Association got wind of a new issue of Annals of Internal Medicine which included several articles on gun control, the organization tweeted back at the doctors: “Someone should tell self-important anti-gun doctors to stay in their lane.” Once various other conservative commentators jumped aboard, the […]
Stay in Your Lane (But Own That Lane) Read More »
By Dr. Ken Broda Bahm: Experts have a tough job translating sometimes technical detail to lay audiences and working closely with a party to the litigation while still maintaining the role of “teacher” rather than “advocate.” Some excellent and wide-ranging advice on how to thread that needle comes in the form of a couple of
By Dr. Ken Broda Bahm: Experts know things. That’s what makes them experts. That is why they’re allowed in court: to inform the jury’s or judge’s understanding. Once there, of course, they are picked apart by an adversary with the goal of making them look wrong or foolish. In that context, a defensive feeling can kick in: Don’t give an
Admit it Experts, You Don’t Know Everything Read More »
By Dr. Ken Broda Bahm: When you think of science, do you think of dry research articles, charts and graphs that take a good deal of explanation in order to get to a point? Or do you think of Neil DeGrasse Tyson explaining the Cosmos with the help of clear but sophisticated video and graphics?
Experts, Tell a Visual Story Read More »
By Dr. Ken Broda Bahm: The expert takes the stand, his credentials proudly displayed to the jury as he launches into the dissertation of his testimony. Amid the complex chains of reasoning, the opaque references to other testimony, and the indecipherable jargon, it seems that he is giving an opinion on the case. But the
Experts, Talk Like a Normal Human Read More »
By Dr. Ken Broda Bahm: Government law enforcement officials have a pretty high profile right now. That’s especially true as they’re increasingly moving into the category of being former law enforcement officials after being removed by President Trump. There was U.S. Attorney Preet Bharara in New York, and more recently, of course FBI Director James Comey who became former
Experts, Take a Lesson from Sally Yates Read More »
By Dr. Ken Broda Bahm: This past weekend saw not just Earth Day, but also a nationwide “March for Science.” On Saturday, people across the country, and in some other parts of the world, turned out in order to show support for the role of science. The message behind these marches is distilled in a four-minute viral
Account for a Lost Faith in Science Read More »
By Dr. Ken Broda Bahm: By now, it is familiar advice to trial lawyers: Tell a story. Jurors and judges will appreciate the familiar structure, pay greater attention, see the world from your party’s perspective, and have an easier time remembering and using the information. We might think that the advice applies to attorneys, especially during opening
Experts, Tell a Story Read More »
By Dr. Ken Broda Bahm: I recently finished sitting in on a three-week trial, and throughout the testimony, many of the experts were led through their direct. One expert in particular, the other side’s expert thankfully, made it through her entire direct examination without saying anything other than her name, “Yes,” and “That’s correct.” Even on
Hire an Expert Who Doesn’t Want or Need to be Led Read More »
By Dr. Ken Broda Bahm: Witnesses make mistakes. And for the adversary, those mistakes can make for useful and entertaining cross-examination. We expect that to occur with fact witnesses who might be naive to the legal process and the attorney’s goals, but is there less opportunity to pounce on those mistakes when examining an expert?
Look for the Expert’s Mental Mistakes Read More »