Imagine an attorney going over her notes before oral argument. She already has a solid set of reasons lined up and then decides to add one more argument that has been a little controversial within the team: some like it, but most think it is weak. Flash forward to the judge’s hearing on the […]
More Arguments Aren’t Always Better: Know the Reduced Average Effect Read More »
By Dr. Ken Broda-Bahm: The “Reptile” approach to trying civil cases by targeting a fear response has transitioned from being a novelty to being a mainstay in a little more than a decade. While the approach has not always been taken seriously by defendants, it has been the North Star for many on the plaintiff’s
Be Ready for a Reptile-Reboot Read More »
By Dr. Ken Broda Bahm: The idea that “seeing is believing” is the kind of adage that can have more traction as a truism than as a research finding. But when it comes to truly appreciating the visual advantage in litigation, understanding the research can be helpful. In the case of a visual demonstrative that moves
Animate It: If Jurors See It, They’re More Likely to Believe It Read More »
By Dr. Ken Broda Bahm: With the coronavirus levels still raging, trials in most parts of the country are still on hold. But as vaccinations begin to make their slow appearance, it seems to be the time to contemplate the near future, where litigation will hopefully be back in business. So, as your matter moves
Put Your Heads Together: Seven Best Practices for Strategy Sessions Read More »
By Dr. Ken Broda Bahm: It is the season for strong denials from powerful men in entertainment and politics. To pick just one from the crop of current examples, the U.S. Senate candidate from Alabama, former judge Roy Moore, has recently been accused of a number of inappropriate relationships when he was in his early
Make Your Denial Credible Read More »
By Dr. Ken Broda Bahm: When we think of persuasion in the courtroom, we might think of the specific language of strategies, tactics, and themes. We think of particular messages that can help get us to our goal. But those are really only the point of the spear. If we think about what is behind
Respect the Four Pillars of Persuasion Read More »
By Dr. Ken Broda Bahm: On the defense side of the bar, attention has been exploding over plaintiffs’ Reptile approach. If you Google “Reptile” and “Litigation,” you’ll see a profusion of articles. But so far, at least, the strategy of leveraging the perceptions of “safety” and “danger” has been the subject of attention from a subset of defense lawyers:
Expect Reptiles to Invade New Habitats Read More »
By Dr. Ken Broda Bahm: I had one important early experience in trial consulting that I’ve kept in my head over the years. It was actually on my first job after moving to Persuasion Strategies many years ago. Attorneys we knew were working with a very large national litigation consulting group in hosting a mock trial. The client
Keep Your Trial Consultant (a Little Bit) in the Dark Read More »
By Dr. Ken Broda Bahm: We have finally, some would say ‘mercifully,’ arrived at the end of the 2016 presidential campaign. But not before one last surprise: Just eleven days before election day, and as millions of Americans were already voting early, FBI Director James Comey notified Congress of the discovery of additional emails that “appear to
Shine a Light on Black Box Evidence Read More »
By Dr. Ken Broda Bahm: It’s a pretty odd scenario, and one we don’t face every day: “An out of control trolley is speeding towards a group of five people. You are standing on a footbridge next to a large man. If you push him off the bridge onto the track below, this will stop the trolley. He
Communicate Your Moral Principles Read More »