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By Dr. Ken Broda Bahm: “You would agree with me, wouldn’t you doctor, that a physician should never needlessly endanger his patient, right?”  That is a recommended question, probably the main recommended question to plaintiff attorneys who are applying the Reptile approach to persuasion. At first, it sounds like the answer would be an easy “Yes,” or

By Dr. Ken Broda Bahm: We are, of course, still in the midst of the pandemic, and if the question is, “How are people feeling about that?” there is not just one answer. There isn’t even a good answer that can be accurately expressed as an average. Instead, there are different constellations of opinion relating

By Dr. Ken Broda Bahm: As of press time for this post, 173,094 Americans have died from the novel coronavirus. If the United States had followed the example of other developed countries by taking earlier and more decisive actions against the virus, our country could have prevented approximately 70 percent of these deaths. That, at

By Dr. Ken Broda Bahm: As our court system looks at the possibilities for trials under the current pandemic conditions, it seems like we face a choice: Restart trials in person, with distance, disinfectants, masks, and barriers; or move the process online with unequal technology, glitches, and lower fidelity. While there are certainly practical challenges

By Dr. Ken Broda Bahm: This blog is dedicated to the proposition that those like me, who want to learn all they can about effective communication and persuasion, can take lessons from almost everything. Even the worst social situations can improve our understanding of the ways that people process information and reach decisions. The current

By Dr. Ken Broda Bahm: As you look out at a panel of potential jurors during voir dire, there are many things you’re likely to wonder about them. Do they have any attitudes toward your client, or people like your client? Are they likely to understand some complexity, or not? Do they support or oppose

By Dr. Ken Broda Bahm: The current global coronavirus pandemic is a huge disruption to life in nearly every country and the explanations for it have gotten to the point that they’re as big as the disruption. Rather than believing that a virus in Southern China simply transitioned from an animal to a human host,

By Dr. Ken Broda Bahm: As the coronavirus pandemic drags on and intensifies, courts around the country are moving toward reopening in fits and starts, with distancing, temperature checks, masks, and hand sanitizer. Some courts are also exploring distanced alternatives, including in some cases trial by Zoom, or by other web-conferencing tools that allow jurors

By Dr. Ken Broda Bahm: So your trial date has been kicked into indefinite future. Now, what do you do?  Even as you reduce your time on the case, you still want to keep a foot in the door so that you are ready once things start moving again. Maybe it is time to take

By Dr. Ken Broda Bahm: This past Friday and Saturday, June 26-27, an unusual exercise was held, exploring both the promise and the perils of a fully online jury trial. The Online Courtroom Project, which I am a part of, conducted an eight-hour exploratory trial on two web-conferencing platforms. There have been other demonstrations and