By Dr. Ken Broda Bahm: Jury duty often involves some long waits. As people sit in the assembly room or the courtroom, it is normal for them to find something to pass the time. I’ve seen people knitting, drawing, even juggling. But, by far, the most common activity is that they’re reading a paperback that […]
Look at Whether Your Jurors Are Reading: It May Say Something About Their Empathy Read More »
By Dr. Ken Broda Bahm: In legal settings, the emphasis is often on the positive act of giving arguments and evidence for a given outcome: Share the proof and the reasons to believe, and let those appeals work their magic on your audience. But there is also a flip side to that. Persuasion can also
Reduce Resistance, Tell Stories Read More »
By Dr. Ken Broda Bahm: We know that movie viewers love a plot twist. A surprising turn of events can make a movie memorable, and in films like “The Usual Suspects,” or “The Sixth Sense,” your understanding and perspective on a story can suddenly shift faster than you can say, “Luke, I’m your father.” In
Add a Plot Twist to Your Trial Story Read More »
By Dr. Ken Broda Bahm: In the days leading up to trial, you wrestle with the task of creating an opening statement in a complex case. Of course, you remember the core advice from your very first trial advocacy class, but the sheer complexity at this stage seems to be an obstacle. “How do I even start
Develop Your Story Early Read More »
By Dr. Ken Broda Bahm: So you have worked up your case for trial and, now the question is, what is the best way to convert all of that factual detail and law into comprehension and persuasion? The answer you’ve probably heard since your first trial advocacy class is, “Tell a story!” And that’s the
Improve Your Storytelling: Seven Ways 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 »
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 »