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(formerly the Persuasive Litigator blog)

Public Perception

The Kamala Harris Challenge: Establish (or Reestablish) Your Credibility: Five Lessons

Adapting to Jurors, Public Perception, Testifying Effectively / /

By Dr. Ken Broda-Bahm: I have long believed that persuaders of all stripes, including courtroom persuaders, can learn a lot of lessons from political communication. The dialogue over the leadership and direction of the country can be a gold mine: It’s national, it provides a wealth of examples good and bad, and — particularly recently […]

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Learn from Joe Biden’s Debate Destruction: 5 Nonverbal Don’ts

Adapting to Jurors, Public Perception / /

By Dr. Ken Broda-Bahm: At last week’s Presidential debate, incumbent Joe Biden performed about as poorly as the worst predictions. In the panicked aftermath, calls have mounted for the 81-year-old President to gracefully exit his party’s nomination stage in order to allow fresher leaders to take his place. Part of the reaction was certainly based

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The Trump Juries: Adapt Your Procedures for Higher Profile Jury Selections

Public Perception, Uncategorized, Voir Dire / /

By Dr. Ken Broda-Bahm: In Florida, Georgia, New York, and Washington DC, Donald Trump is facing the looming prospect of jury trials. While the word is overused these days, it is truly unprecedented for a once and maybe-future President to be facing federal and state charges. With trials for co-conspirators starting as early as next

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Build Trust in Justice

Public Perception / /

By Dr. Ken Broda-Bahm: It’s been a season of some firsts: An ex-President, and the leading candidate for a major party nomination, has been criminally indicted (twice so far), and found civilly liable for defamation (once and counting). Rather than mounting a substantive defense, the candidate and ex-official has used the remaining ‘bully pulpit’ to

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For Now, Treat AI as “a Good and Confident Liar”

Public Perception, Writing Persuasively / /

By Dr. Ken Broda-Bahm: Right now, we are in a liminal moment with technology. No, I’m not talking about the new Apple goggles, necessarily, but about seemingly sudden emergence of engines like ChatGPT, which have opened a lot of possibilities on where it is likely to go. The proverbial jury is out about how and

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Take Note: “I’m Sorry” Doesn’t Necessarily Mean “I’m Liable” 

Adapting to Jurors, Public Perception / /

By Dr. Ken Broda Bahm: There is a common perception that when you apologize, it means you’ve done something wrong. The Latin “mea culpa,” after all, means “through my fault.” In a litigation context, that perception on the part of lawyers and insurance companies can lead to the belief that you should avoid apologizing if

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The Lesson of Trump’s (First) Indictment: Look at Both the Legality and the Importance of the Claim

Bias, Public Perception / /

By Dr. Ken Broda-Bahm: The news cycle has been drowning in it. For the first time in history, a former U.S. President faces criminal charges. Donald Trump was arraigned this past Tuesday on April 4th, after being indicted on 34 charges involving the falsification of business records in furtherance of another crime, all surrounding payments

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