Your Trial Message

Your Trial Message

(formerly the Persuasive Litigator blog)

Mock Trials and Focus Groups

Know the Right N: How Participant Numbers Influence the Value of Your Mock Trial

By Dr. Ken Broda-Bahm: Your typical mock trial might involve three juries, with a total of 30 or so mock jurors. The typical public opinion poll run by an organization like Gallup, however, can involve more like 1000 participants. So what is the disconnect when it comes to sample size, the variable that researchers refer […]

Know the Right N: How Participant Numbers Influence the Value of Your Mock Trial Read More »

Combat “Partial-Picture Paralysis” in Your Mock Trial…And Your Real Trial Too

By Dr. Ken Broda Bahm: It can be a common experience during a mock trial. You have a mock juror who ends up being way too focused on what they don’t know. They understand that there are limits to how much detail you can get into within the constraints of a shorter trial simulation, but

Combat “Partial-Picture Paralysis” in Your Mock Trial…And Your Real Trial Too Read More »

Add Mock Trial to Med School

By Dr. Ken Broda Bahm: About once every other month, I will present at a seminar for doctors and other medical professionals. They attend because they’ve been sued and they’re learning how to cope with their newfound role in the legal process. At one point in the seminar, a psychiatrist presenting on litigation stress will usually

Add Mock Trial to Med School Read More »

Beware of ‘Participation Deception’ in Your Surveys and Mock Trials

By Dr. Ken Broda Bahm: Imagine that you receive a phone call and the voice on the line offers participation in a research project, and also offers pay. Then, the caller walks you through a series of questions to determine your eligibility, and it becomes clear what the “right” answer is. And let’s say you could

Beware of ‘Participation Deception’ in Your Surveys and Mock Trials Read More »

Make it Hard on Yourself: Eight Ways to Make Your Mock Trial a ‘Worst-Case’ Test

By Dr. Ken Broda Bahm: In the lead-up to a mock trial, the clients often and understandably hope for a win. After all, a win might help to steady their resolve and buttress their hopes heading into the courtroom. But you know what is even more useful than that? Actually learning something to help make

Make it Hard on Yourself: Eight Ways to Make Your Mock Trial a ‘Worst-Case’ Test Read More »

Give Your Client Seven Key Messages About the Mock Trial

By Dr. Ken Broda Bahm: Mock trials, and other forms of pretrial juror research, like focus groups, are increasingly common. Particularly in complex or high-stakes litigation, it makes sense to road-test your case in a safe setting. What you learn can help you arrive at a reasonable resolution pretrial, or can help you prepare for

Give Your Client Seven Key Messages About the Mock Trial Read More »

Check Your Mock Trial Against This List of Thirteen Best Practices

By Dr. Ken Broda Bahm: I have learned from talking with clients that the phrase “mock trial” can refer to many different things. There is a common core — mock jurors hearing parts of a case and deliberating while you watch — but beyond that, the way that it is executed can vary quite a lot.

Check Your Mock Trial Against This List of Thirteen Best Practices Read More »