By: Dr. Ken Broda Bahm – On some days, just watching the news can stop us cold. Those who work in law should be proud to be part of a system that, however imperfectly, resolves disputes with appeals to reason and judgment rather than force. But the opposite end of the spectrum was seen in last week’s devastating shooting […]
Don’t Advocate from a Position of Hate Read More »
By: Dr. Ken Broda Bahm – In litigation it is often true that, “the devil is in the data,” in the sense that numbers and how they’re presented can be extremely important. In employment cases, jurors often need to grasp the overall percentages that prove or disprove a discrimination claim. In mass tort pharmaceutical cases, expert
Choose a “Moving” Way to Convey Evidentiary Data Read More »
By: Dr. Ken Broda Bahm For the litigator preparing a witness or working up an opening statement, there is an important question of whether you should just make your own case, or identify and respond to the arguments likely to be offered by the other side. For the witness, should you cover in direct what you expect will be hit on cross,
With Eggs and Arguments, Keep the Sunny Side Up, But Cook Both Sides Read More »
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.
Take a Discovery Lesson From ‘The Social Network’ Read More »
by: Dr. Ken Broda Bahm Your expert witness is on the stand as cross begins. Where he previously was clear, confident, and informative with you in direct, he is now simply saying “yes,” and “that’s right” to a series of statements made by opposing counsel. “So you agree that my company completed years of testing
Offense Can Be the Best Defense: Train Your Witness to Fight Back in Cross Read More »