By Dr. Ken Broda Bahm: Here’s a tale of two witnesses, both of which I prepared in the last couple of weeks. One was a nervous wreck, absolutely convinced that his testimony would be a complete disaster. He felt, initially at least, that he had little to no control over the situation, and seemed to […]
Cultivate Good Stress Read More »
By Dr. Ken Broda Bahm: There is quiet in the courtroom after the key witness on the stand is asked the critical question. As the jury, judge, and counsel wait for the answer, the witness pauses, looks up toward the ceiling, then looks back down, and answers.
Don’t Assume Looking Up Means Lying (But Do Assume Jurors Might Think That) Read More »
By Dr. Ken Broda Bahm: Without looking at the back of your laptop or phone, which of the images above is the true Apple logo? You probably see it every day, many times if you are in offices or airports. It is considered one of the most recognizable logos in the world. But which version is correct?
Treat Memory as Functional, Not Photographic Read More »
By Dr. Ken Broda Bahm: I frequently travel around the country to meet with attorneys in order to help them get witnesses get ready for deposition. As we share our best practices, I will sometimes notice that there is a difference of opinion over how much or how little a well-prepared witness ought to say. Some
Witnesses, Know When to Use Your Own Words Read More »
By Dr. Ken Broda Bahm: As the question hangs in the air, you can see the tension working on the witness. Her face screws up, she looks at the ceiling, tenses her shoulders, and delays. As you call for a time-out in the preparation session, the witness blurts out, “What should I say? I don’t know
If You Don’t Know the Answer, Then That’s Your Answer Read More »
By Dr. Ken Broda Bahm: By this point, most of us have heard of Martin Shkreli, the former CEO of Turing Pharmaceuticals. Social media has dubbed him the “Pharma Bro” after he acquired the drug Daraprim, an antiparasitic often used to treat AIDS victims, and promptly raised the price from $13.50 to $750 per pill. For
Wipe That Smirk Off Your Face Read More »
By Dr. Ken Broda Bahm: A popular focus in the polling for the presidential race right now is to ask about the various potential general election match-ups: What if it was Clinton versus Trump? Or Sanders versus Cruz? Clinton versus Rubio? Sanders versus Bush? As often as we hear that kind of data, professional pollsters
Be Realistic About Hypothetical Questions: Four Ways to Answer Read More »
By Dr. Ken Broda Bahm: Testifying in deposition and on cross-examination can seem like a battle for control. Opposing counsel is aiming to fit the witness into a script, and the witnesses (hopefully) are trying to speak for themselves. A well-prepared witness will have a lot of tools at their disposal in aiming to at
Witnesses, Answer in a Full Sentence (10 Reasons) Read More »
By Dr. Ken Broda Bahm: The advice is as old as the art of communication: Look at the person you are talking to. And it is good advice. Eye contact makes it easier for audiences to stay engaged and more likely that speakers will focus on their targets. For a witness on the stand during
Treat Witness Eye Contact As a Three-Way Conversation Read More »
By Dr. Ken Broda Bahm: Republican presidential candidate Donald Trump has picked his preferred insult for fellow GOP hopeful Jeb Bush. On at least six occasions over the past few days, the Donald has referred to the Jeb as a “low-energy person.” He doesn’t have strength, passion, or enthusiasm, Trump says, at least not so much
Don’t Be Jeb: A “Low-Energy Person” Read More »