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 »
Dr. Ken Broda Bahm: Last week saw the killing of 14 and the wounding of an additional 21 in San Bernadino by a County Health Department employee. He apparently left a company training event after some kind of argument, and later returned with his wife, as well as an arsenal of tactical military equipment. The event
Fight for Your Frame Read More »
By Dr. Ken Broda Bahm: It’s said that there’s a story hiding in every case. And sometimes, depending on the attorney’s style and habits, that story can be hiding pretty darned well. An emphasis on presenting based on accumulated facts within a topical division of issues — a style taught in law school and prized
Template Your Trial Tale Read More »
By Dr. Ken Broda Bahm: What happened to Flight 370? For more than two weeks the world has searched for answers. As of press time for this post, investigators have found debris that they believe marks the end of the flight in the Indian Ocean, but that is just prompting new, possibly unanswerable questions about
By Dr. Ken Broda Bahm: Fairy tales may not come true, but they may become the subject of withering cross-examination. In one of many “strange but true” moments during the Phoenix trial of Jodi Arias in the 2008 killing of her boyfriend Travis Alexander, prosecutor Juan Martinez and defense expert Alyce LaViolette sparred for over
Don’t Be Swallowed by Your Analogies Read More »
By Dr. Ken Broda Bahm: I have a five-year-old daughter (stay with me, it’s relevant), and every night, just as she is going to bed, I tell her a story, creating each tale in impromptu fashion. I’ve been doing this for as long as she’s been able to understand what I’m saying (and probably a
When You Think “Story” Think “Structure” Read More »
By Dr. Ken Broda Bahm: Let me start differently in this post, with a ‘Tale of Two Tales.’ Here is tale number one: First, From the Plaintiff’s Perspective: It is January, 2010. Brian Starr, a computer storage engineer on contract for GiganTech Industries has come up with a rough design for the UltraDrive, a radical
Overlap Your Stories Read More »
By Dr. Ken Broda Bahm: Stories require more than sequence. They require a sense of place, a tone, and a texture. Even when told without prepared images or video, a good story requires language that helps the mind “see” and not just comprehend the action. There is one study that perfectly captures this point (Tversky
Talk to the Eyes: If It Can’t Be Visualized, It’s Not a Story Read More »
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
Don’t Put “Story” on Too High a Pedestal Read More »
By Dr. Ken Broda Bahm – Casey Anthony was sentenced today to four years for lying to authorities with credit for the substantial time she has already served. Instead of facing life, or possibly death, for the murder of her daughter Caylee, she will be free as of next Sunday (July 17th), though it is hard to use the word
Take a Lesson from the Casey Anthony Verdict: It Is the Story, and Not Just the Evidence Read More »