Your Trial Message

Your Trial Message

(formerly the Persuasive Litigator blog)

Social Media

Parties, Witnesses and Jurors: Don’t Be Afraid to Meet Them Face to Face(book)

By Dr. Ken Broda Bahm: Here is a question of trust.  You’re curious about a party, a witness, or a potential juror, so you log in to Facebook or some other social networking site to check them out.  It might feel a little creepy to be peeking in on the public representations of your target’s private life, though

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Persuade Using Both Alpha and Omega Strategies

By: Dr. Ken Broda Bahm – Never heard of “Alpha” and “Omega” strategies for persuasion?  Until recently, neither had I.  But after reading the research, it has changed my way of looking at persuasion.  The terms are based on something called the “approach-avoidance” model (Knowles & Linn, 2004), suggesting that to an audience, every position you

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Beware of the Jury’s “Filter Bubble”

By: Dr. Ken Broda Bahm – You may not have heard the phrase “filter bubble,” but it refers to an internet phenomena, as well as to some basic psychology on how we receive and process information.  More fully explained in the video clip below, Eli Pariser coined the phrase to refer to the individual separation (that is the ‘bubble’

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Conduct a Social Media Analysis on Your Potential Jurors (But Beware of False Expectations of Privacy)

By: Dr. Ken Broda Bahm – Attorneys engaged in the process of jury selection have always been eager to uncover as much information as the judge allows through questionnaires and oral examination in court.  For that reason, it isn’t surprising to most potential jurors that the lawyers are trying to get a sense of any strongly

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Take a Discovery Lesson From ‘The Social Network’

by: Dr. Ken Broda Bahm From “To Kill A Mockingbird,” all the way to “My Cousin Vinnie,” the world of cinema is filled with great trial stories.  In virtually all of them, the heart of the drama is played out in a courtroom, in front of a jury, through powerful openings, closings, and witness examinations. 

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