By Dr. Ken Broda Bahm: Think beyond the stereotypes. That is what you’re used to hearing (and I’m used to saying) about jury selection. But that same need to subvert the stereotypes applies not just to picking panelists, but to persuading as an attorney or an expert witness as well. In each of these situations, […]
Subvert Stereotypes: Free the Attorney, the Expert, and the Juror Read More »
By Dr. Ken Broda Bahm: The Hippocratic oath also applies to doctors caught in the litigation process. In deposition, the rule is “first, do no harm” to your case. No one wins their own case in deposition. But a medical defendant might end up losing it by falling prey to some common mistakes. Depositions are taken in order
Turn in a Powerful Deposition, Doctor Defendant Read More »
By Dr. Ken Broda Bahm: Not all witnesses are saints. While this is especially well-known in the realm of criminal prosecution, it applies in civil trials as well. A witness may carry some unsavory background, or the context may simply be such that their testimony – truthful or not – feels like betrayal. The same
Test the Credibility of Your Turncoat Witness Read More »
By Dr. Ken Broda Bahm: If that commercial for the knife set just laid it all out at the start, it would sound like this: “Okay, here is the deal, you get the knives, the storage block, an extra set of steak knives, free sharpening for life, and free shipping if you call in the next hour.”
But Wait, There’s More: Build Your Case Over Time, Instead of All at Once Read More »
By Dr. Ken Broda Bahm – In the pivotal scene of “My Cousin Vinnie,” a movie beloved by those who follow legal persuasion, the defense attorney, played by Joe Pesci, asks the judge permission to treat his now estranged girlfriend as a hostile witness. This is a request that the judge, with a knowing look, quickly
Diagnose Your Difficult Witness Read More »
By Dr. Ken Broda Bahm – The recent trial involved two New York City police officers accused of raping a fashion executive, after helping her out of a taxi at the end of a night of drinking. Without physical evidence (the department’s search of the apartment yielded nothing, and the accuser herself had showered), the case depended
Guess You Had to be There (Prefer Present Witnesses Over Absent Ones) Read More »
By Dr. Ken Broda Bahm – For doctors, arguably the areas that require the greatest levels of skill and art lie not in treatment, but in diagnosis. The same goes for lawyers. Encyclopedic legal knowledge and impressive oratorical skills are critical, but probably less important in the long run than a clear-eyed ability to assess
Diagnose Your MedMal Case Read More »
By Dr. Ken Broda Bahm – During a recent trial, a witness was about to leave the stand as a slip of paper with a question emerged from the jury. The note was enough to make the examining counsel’s blood run cold, as the juror asked the witness, “Isn’t [your attorney] signalling you on how to answer by nodding his head to indicate ‘yes,’ or ‘no’?
Remember in Court, If You’re in View, Then You’re on Stage Read More »
By: Dr. Ken Broda Bahm – When the case comes down to ‘expert versus expert,’ one important question is, what makes jurors believe one expert witness over another? Applying the rational model of law, we would like to think that jurors would evaluate the credentials, the methodology, and the strength of the conclusions offered, and
By: Dr. Ken Broda Bahm – In his recent State of the Union address, President Obama followed the common pattern of giving attention and applause lines to nearly every issue on the national agenda. But there was one issue that received no mention at all: climate change. The absence, noted by many commentators, extended even to
Adapt Your Scientific Testimony to Jurors’ Skeptical Ears Read More »