By Dr. Ken Broda Bahm: It is one of the central messages of witness preparation: Be confident, because if you’re confident, you’ll be more credible. Once, I got the reply from a witness, “But I don’t feel confident,” and the question, “Should I act confident even if I don’t feel it?” The short answer, “Yes.” The longer […]
Project Your Voice Read More »
By Dr. Ken Broda Bahm: When testifying, there are some situations where a “less is more” rule applies. In a deposition, for example, you don’t want to aid the other side, and will often prefer conciseness. However, when undergoing cross-examination before a jury in trial, less isn’t more…it is less. That is, if you limit
Trial Witnesses, Un-Lead the Questions Read More »
By Dr. Ken Broda Bahm: It was another big moment yesterday as Michael Cohen, President Trump’s former personal lawyer, testified publicly before the House Oversight Committee. Widely seen as an opening act prior to Special Counsel Robert Mueller’s report on Russian interference in the election, Cohen’s testimony focused on continuing business in Russia during the campaign,
Rehabilitate Your Lying Witness Read More »
By Dr. Ken Broda Bahm: It is almost election time again. But the normally low-turnout midterm may not be in the cards this time around, owing to the outrage on both sides of the political spectrum. And some believe that it’s a shame that we have these levels of moral outrage: It diminishes our civility
Consider the Upside of Outrage Read More »
By Dr. Ken Broda Bahm:In the game of chess, the difference between a novice player and an experienced player can be boiled down to two words: thinking ahead. The experienced player doesn’t just move their piece’s toward the opposing king. The experienced player tests each possible move and anticipates what the other player will do
Witness Preparation: Teach the Second Level of Response Read More »
By Dr. Ken Broda Bahm: “It was written all over his face.” That’s what we say when we think someone’s expression has told a truer tale than their words. It is the kind of statement that shows that we naturally pay a great deal of attention to the face when we are trying to assess
When Assessing Emotions, Listen, Don’t Look Read More »
By Dr. Ken Broda Bahm: What do I mean when I say the witness should treat cross-examination questions like a flashlight in a dark room? I mean that the questions are designed to shine a light on some things and to purposefully leave other things in the dark. Imagine, for example, a series of questions
Treat Cross-Examination Questions as a Flashlight in a Dark Room Read More »
By Dr. Ken Broda Bahm: When we think of the most exciting moments in Hollywood’s version of a trial, direct examination isn’t among them. The act of putting on your own witness in order to establish the elements of your case has none of the drama we associate with a courtroom battle. Instead of offering
Be the Director of Your Witness’s Direct Examination Read More »
By Dr. Ken Broda Bahm: It seems like the simplest piece of witness advice imaginable: Answer the question. But, at least judging by the number of times a witness doesn’t quite answer the question, it is a little more complicated than that. For a variety of reasons, many witnesses end up dodging the question. That can be
Don’t Dodge the Question Read More »
By Dr. Ken Broda Bahm: For politically-oriented news junkies, this past Thursday featured must-watch fare. Former FBI Director James Comey raised his hand, took the oath, and testified about his carefully-documented meetings with his old boss, President Donald Trump. What stood out from his testimony was the number of times he called Trump a liar,
Take Care When Calling Out a Liar Read More »