By Dr. Ken Broda Bahm: As a response to the perception of escalating jury awards in medical cases, a number of states have turned to legislative caps on noneconomic damages or overall damages. At last count, that preference for legislative limits on verdict amounts applies to all but 15 states (Alabama, Arizona, Arkansas, Connecticut, Delaware, […]
Medical Defendants: Don’t Put All Your Faith in Caps Read More »
By Dr. Ken Broda Bahm: With the travel plans of NSA whistleblower Edward Snowden still up in the air at press time, the asylum seeker continues to draw attention to the extent of government surveillance of private communications in the U.S. and abroad. Some have questioned whether the diplomatic capital being expended on the dispute
Expect Secret Information to Be Overvalued Read More »
By Dr. Ken Broda Bahm: If you’ve seen the Pixar animations feature Monsters, Inc., you might remember the slogan of the company in the title: “We scare, because we care.” Plaintiffs’ attorneys, particularly those who are followers of the Reptile approach to persuasion, may well have the same slogan. Since the perspective focuses on the idea that
By Dr. Ken Broda Bahm: I try not to be too self-referential in this blog, but this time around I have an illustration that’s a fitting parallel to the challenges of trial messaging. In the two years since we ramped up this blog and moved to our current twice-weekly schedule of posting on Monday and
Incubate in Order to Innovate Read More »
By Ken Broda Bahm: The buzz following Thursday’s vice presidential debate between Congressman Paul Ryan and Vice-President Joe Biden has been that it was a substantive and spirited debate — with an emphasis on spirited. Both candidates appeared to be quick to challenge and eager to engage. Both appeared to be glad to be there.
Be a Happy Warrior: 2012 Presidential Debate Series (Veep Edition), Part Two Read More »
By Dr. Ken Broda Bahm: P: Hey, have you seen the amicus brief that was written entirely as a cartoon? S: A cartoon? You mean someone submitted a joke as an amicus brief? P: No, not a joke. The lawyer, Bob Kohn, lays out his argument in a series of frames with characters and dialogue,
Persuade Through Dialogue Read More »
By Dr. Ken Broda Bahm In the week since actor and director Clint Eastwood made a surprise appearance at the Republican National Convention, his speech has become infamous. The chosen rhetorical device of engaging in a dialogue with an imaginary Barack Obama, represented by an empty chair, has spawned countless internet memes and has even
Note the Challenges of an Empty Chair Read More »
By Dr. Ken Broda Bahm Imagine two scenarios involving figure skaters just before a competition. In the first scenario, one skater, perhaps a sneakier version of Tanya Harding, loosens some of the screws on the bottom of another contestant’s skate causing her opponent to fall and delivering the victory to the saboteur. In the second
Clothe Responsibility in Action, Not Inaction 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: If you are like me, you have grown tired of hearing that sublime tautology of a catch phrase, “It is what it is.” I want to shout in response, “Of course it is! What else would it be?” But the expression perfectly captures the attitude of some litigators toward analogies.
Fight Fire With Fire (And Fight Bad Analogies With Better Ones) Read More »