By Dr. Ken Broda Bahm: It isn’t uncommon for lawyers to see a jury in static terms. An attorney I once worked with referred to a jury as “twelve bales of hay.” Because it isn’t possible to fully know what a jury is thinking until the end, that fundamental uncertainty can lead some to diminish […]
Expect Your Jury to Grow Read More »
By Dr. Ken Broda Bahm: Lawyers tend to think of opening statement as the time for stories. But I think you’re telling a story in closing argument as well: not the same story, but a different one. And I don’t mean you should change the facts or present new evidence — a confused jury would
Tell a Different Story During Closing Read More »
By Dr. Ken Broda Bahm: Prior to deposition or trial testimony, it is common for witnesses to have one or more meetings. These are sessions with their attorneys, and sometimes with others including trial consultants or client representatives. One goal of these sessions is uncertainty reduction: both client and counsel need to know what to
Prep with Purpose: Six Best Practices for Witness Meetings Read More »
By Dr. Ken Broda Bahm: Let’s say you want to know something from your prospective juror: “Do you tend to think that corporations are basically dishonest, or not?” You get a chance to talk to them in court during oral voir dire, or even better, you get to give them a questionnaire that they’ll fill out
Questioning Jurors? Give Options Read More »
By Dr. Ken Broda Bahm: Americans finally got to see the redacted report from Independent Counsel Robert Mueller last week. The report on Trump campaign issues relating to Russian election interference raised questions in a great variety of categories, one of those categories being the accuracy of Robert Barr’s summary of that report to Congress
Summarize With Care Read More »
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 The title asks a provocative question: “When it comes to jury trials, should you tell a story or stick to the facts?” The piece in the “Your Voice” section of the current ABA Journal is written by Drury Sherrod, a litigation consultant with the LA firm Mattson & Sherrod. The author
Don’t Choose Between Facts and Stories Read More »
By Dr. Ken Broda Bahm: When civil litigation is being discussed by those outside the courtroom and outside the legal field, what stands out is often the perception, at least, of very high damages. The high-dollar figure being awarded, based on a questionable claim, is the poster child for the abuses of litigation. But for
Normalize Your Damages: Five Ways Read More »
By Dr. Ken Broda Bahm: You might notice that my blog posts, at least those on the blog’s home page (www.persuasivelitigator.com) always have a photo at the top to catch the eye and help frame the content. I get my photos through a pay-site, or through various sites, like Flickr Creative Commons, which license free and credited
Include a ‘Creative Commons’ Argument in Your IP Defense Read More »
By Dr. Ken Broda Bahm: Nearly 40 years ago, in 1979, during the country’s energy crisis, President Jimmy Carter gave what is now called the “Malaise Speech.” Without using that word, he spoke of “a crisis of confidence” that “strikes at the very heart and soul and spirit of our national will.” Over time, he
Account for Juror Malaise Read More »