By Dr. Ken Broda-Bahm: Recently, civil defendants have been interested in a new label: “Safetyism.” The idea focuses on a pervasive and increasing attitude in the jury-eligible population that demands unrealistic standards when it comes to protecting customers, patients, and the general public. The name, I think, might be a little deceptive, because it isn’t […]
(Safely) Combat Safety Absolutism Read More »
By Dr. Ken Broda-Bahm: I will admit up front that the title for this one might sound like someone trying to weasel out of something: Trying to gain the psychological benefit of “stepping up” without the legal liability that many might see as going along with that. And, it must be said, there’s a real
Take Responsibility (Without Conceding Liability) Read More »
By Dr. Ken Broda Bahm: With the coronavirus levels still raging, trials in most parts of the country are still on hold. But as vaccinations begin to make their slow appearance, it seems to be the time to contemplate the near future, where litigation will hopefully be back in business. So, as your matter moves
Put Your Heads Together: Seven Best Practices for Strategy Sessions Read More »
By Dr. Ken Broda Bahm: One time when I was working with an attorney getting ready for trial, I was there when the attorney learned that they would be able to give “mini-openings” prior to voir dire. But by “mini,” the court really meant “mini” — three to five minutes per side. The attorney’s reaction
Say It in Three Minutes Read More »
By Dr. Ken Broda Bahm: In popular culture, and to some extent in the preparation of trial lawyers, the ultimate focus is the trial. We think of that as the pinnacle moment for advocacy: in the courtroom, looking into the eyes of the judge or the jurors. Increasingly, however, that isn’t the reality. According to
Deploy Your Trial Message When It Matters Most: Pretrial Read More »
By Dr. Ken Broda Bahm: The cliché words, “It was a dark and stormy night,” come from the opening sentence of the novel Paul Clifford by Edward George Bulwer-Lytton. And when you read the full sentence it comes from, you get a better idea of why it has come to be the quintessential example of a bad
The Right Introduction: Learn from Fiction Read More »
By Dr. Ken Broda Bahm: The work leading up to trial is often hard analytical work — the kind of gradual and methodological grind in putting the pieces logically together. But sometimes it is creative work — the kind of work involved in resolving a problem, hatching a strategy, or discovering a theme. That creative part of
Trust Your Sudden Insights Read More »
By Dr. Ken Broda Bahm: Without a theme, your case is just information: facts, claims, exhibits, instructions, and witnesses. It may be legally sufficient, but without a simple and central message to tie it all together, it is not persuasively sufficient. Experienced trial lawyers may be of one mind when it comes to the importance
The Right Theme? Look It Up in the Moral Foundations Dictionary Read More »
By Dr. Ken Broda Bahm: There’s a movie currently in the theaters called “Inside Out.” In the animated film, pyschological drives are personified as characters – joy, anger, disgust, fear, and sadness – all in charge of navigating the mental experiences of the main character, an 11-year-old girl. Beyond being a bit of entertainment for
Design Your Metaphor Read More »
By Dr. Ken Broda Bahm: If you’re going to lose your case, how will you lose? What is the most likely scenario that would have the jurors going in the other direction? That question lies at the heart of a theme approach that I’d like to demonstrate via a short video (below) from a recent
Aim Your Theme at the Worst Case Read More »