By Dr. Ken Broda Bahm: If you remember even a few images from kindergarten, you probably remember the time when your teachers would lay out the mats — that was the cue that it is naptime. One might say that the similar cue in a courtroom is when one side or the other cues up […]
Play Recorded Testimony Without Creating Courtroom Naptime Read More »
By Dr. Ken Broda Bahm: It sometimes happens in the course of testimony: After what might have been a longer or misdirected answer, the witness will receive a stern admonition from either the questioning attorney, or worse, the judge: “Please listen carefully to the question and then simply answer ‘Yes’ or ‘No.’” That kind of
Witnesses: Protect Yourselves Against the “Just Answer Yes or No” Instruction Read More »
By Dr. Ken Broda Bahm: So the expert has arrived in town for trial. Their testimony could come today…or maybe by Thursday, and it isn’t unthinkable that it could get pushed into next week. Meanwhile, the waiting, and the billing, continues. This is just one of the factors that makes litigation expensive, creating unequal access
Experts: Testify Remotely Without Losing Influence Read More »
By Dr. Ken Broda Bahm: So you’re preparing for your trial testimony, and the discovery has been voluminous. Out of the mountain of documents that opposing counsel might wave at you, there are a handful that are most likely to be relevant to you. The documents and their underlying issues have been carefully curated and
Witnesses, Don’t Be Surprised by Surprises Read More »
By Dr. Ken Broda Bahm: Kyle Rittenhouse, the then-minor charged with killing two and wounding a third at a protest in Kenosha Wisconsin in the Summer of 2020, took the stand in his own defense at his trial yesterday. The case is a kind of litmus test in our current polarized times, with one half
Expect a Complex Response to Emotional Testimony Read More »
By Dr. Ken Broda Bahm: Here’s an intuitive belief that many who work in the field of law might adhere to: More information leads to better decisions. Those who work in the social sciences, however, know that this does not always hold true. Based on the higher “cognitive load,” higher levels of information can also
Testimony Mode: Note the Tradeoff Between Information Density and Juror Sensitivity Read More »
By Dr. Ken Broda Bahm: Arriving for the preparation meeting, the witness notices that there’s someone new in the room: a communications consultant. A non-lawyer visiting from out-of-town, the consultant is introduced by the lawyer as a specialist in legal communication and as someone who “is here to help us prepare for your testimony.” Over
Consider the ‘Message Effect’ of Inviting a Consultant to Help Your Witness Read More »
By Dr. Ken Broda Bahm: The idea is a merger of pop culture with academics. In pop culture, “truthiness” refers facetiously to the feeling of something being true, independent of its actual truth value (a term coined by late-night comedian, Stephen Colbert). Academics, however, have creatively adopted the term to describe the real phenomenon that occurs when
Witnesses, Add to Your ‘Truthiness’ by Showing Pictures Read More »
By Dr. Ken Broda Bahm: A few years ago, I had the opportunity to attend every day of a civil trial, and then interview all of the jurors at the end of their service. I planned out a very comprehensive interview for each of them, including running through the witness lists from all parties, and
Direct Examination: Start With a Goal, Not an Outline Read More »
By Dr. Ken Broda Bahm: “Looking back at this situation, what if anything would you do differently?” Witnesses can be asked that question in a variety of case types: medical malpractice, products liability, contract, fraud, and really anything that involves a conceivably questionable past decision. And this question can be tricky to answer. For the
Don’t Enter That Time Machine: Carefully Answer “What Would You Have Done Differently?” Read More »