By Dr. Ken Broda Bahm: A good witness should not see cross-examination as an argument, but neither should that witness see it as a time to be agreeable and passive with opposing counsel. Because the inherent conflict of cross piques the jurors’ interest, it can be a critical time. The two sides are in direct […]
Counterpunch: Ten Ways to Fight Back on Cross Read More »
By Dr. Ken Broda Bahm: Justin Bieber, the Canadian tween-idol, is now in the career phase of trying to kill his early Disney-fied image by becoming a bad and dangerous character (see also Miley Cyrus). In a U.S. civil case involving alleged physical assault committed by Bieber’s bodyguards, he recently had his deposition taken. Now,
Testify Without Contempt Read More »
By Dr. Ken Broda Bahm: For my first line of this blog post, I want to say something. I have to say, honestly, it is going to be important. But I don’t want you to take it the wrong way. So, here it is: When communicating, don’t tee up your statement, just say it. That’s
Avoid Verbal Tee Ups Read More »
By Dr. Ken Broda Bahm: When it comes to assessing someone’s believability and deciding whether they’re lying to you or not, which works best: your quick “gut” intuition or more sustained and careful thought about it? It turns out, the answer is “neither.” Immediate choices, as well as decisions made after longer deliberation, are both
Don’t Overthink Your Credibility Assessments Read More »
By Dr. Ken Broda Bahm: I was recently working with an expert witness facing his first time in an American courtroom, armed with English as his third language. At the end of our conversation, I told him that I thought he would really enjoy it, and find it truly interesting. I didn’t realize it at
Stage Fright in Court? Don’t Calm Down, Psych Up Read More »
By Dr. Ken Broda Bahm: A few days ago, I was reading through documents for a medical malpractice defense. The case involved a woman who died under OB/GYN care. As sometimes happens, I found myself wanting a mental picture as I read the story. After I typed in her name, my browser quickly returned the
Account for “Lookism” Read More »
By Dr. Ken Broda Bahm: It is one of the most enshrined principles of human communication: The audience and the speaker should be locked in eye contact in order for the best persuasion to take place. Public speaking teachers give that advice to students and jury consultants give that advice to attorneys and witnesses: Look
Don’t Worry About the Jury’s Eye Contact (Worry About Your Own) Read More »
By Dr. Ken Broda Bahm: This is one of those times I expect my title to be met with a, “Well, no kidding.” Attorneys and expert witnesses know the demands of conveying often complex methods and conclusions and know the drill: simplify, simplify, simplify. So lawyers and witnesses know to keep it basic. But do
Experts: Use Small Words Read More »
By Dr. Ken Broda Bahm: Lawyers and expert witnesses might be used to thinking of science as just one way among many of proving something: When you need to demonstrate a fact at an empirical level, commission an expert, do a study, and report the results. But there may be more to it than that.
Convey the Morality of Your Science Read More »
By Dr. Ken Broda Bahm: If you’ve spent any time in civil courtrooms, you’ve seen it before. The witness in the box fudges an answer and says something that differs a bit from their deposition, and the solemn ritual of impeachment begins. With great fanfare, the official copy of the deposition is unsealed. Do you
Know When to Pursue Witness Inconsistency and When to Let it Go Read More »