By Dr. Ken Broda Bahm: Every witness preparing for testimony is going to prepare a little bit differently. Those helping with that prep need to adapt to the unique challenges presented by opposing counsel, the case characteristics, the witness’s role within the case, and the witness’s personality and communication habits. But there are inevitably some […]
Witnesses, Do Your Homework Read More »
By Dr. Ken Broda Bahm: So we have made it through the 2022 midterm elections. As is typical, the party out of power seems to have made some gains, although so far at least, the anticipated “Red Wave” doesn’t seem large enough to surf. Going into the election, the common wisdom was that that the broadly felt
Jury Damages: Expect the Fundamentals to Still Apply Even in a Down Economy Read More »
By Dr. Ken Broda Bahm: A bit like members of the armed forces, jurors are often thanked for their service. For the attorney, particularly in the opening moments of a trial, it is both common and important to make sure that jurors understand that you appreciate them serving, even though it is for little compensation,
Show You Respect the Jurors: Top 7 Ways Read More »
By Dr. Ken Broda Bahm: When the other side has a powerful potential argument, but you get to go first, then you have a strategic call to make. Do you use the opportunity to get there first, address the issue before they can, and steal their thunder? Or do you wait them out, see what
Stealing Thunder: Know When to Preempt and When to Wait Read More »
By Dr. Ken Broda Bahm: When you test a product to assess its performance and safety, of course you have very substantive reasons for doing that: You are aiming to check effectiveness, prevent harm, and protect the brand. When a trial occurs, however, that testing carries a symbolic message as well, with the message being
Defend Your Product Testing Regimen: Seven Standards Read More »
By Dr. Ken Broda Bahm: As we begin to take stock of and conduct research on the effects on the pandemic adaptations, it is important to keep an essential principle in mind: The research on pandemic adaptations is not just about the pandemic adaptations. In nearly every case, the focus will also bear on larger issues of
Masks in Court: Understand the Real Lesson Read More »
By Dr. Ken Broda Bahm: I participated in a recent LinkedIn discussion on expert witnesses, with some in the conversation noting that experts are often unprepared for testimony, and often unaware of the need for better preparation. And, to complicate that process, attorneys can be too deferential to those experts, or can operate from the
Experts: Follow the Seven Commandments Read More »
By Dr. Ken Broda Bahm: Anecdotally, I have seen it in a few recent cases: The deposition witness isn’t asked an open-ended question and isn’t given a “Yes or No” either. Instead, they are given a range of options, like you would see in an attitude survey or a school examination. For example, an employer
Prepare for Multiple Choice Questions in Deposition Read More »
By Dr. Ken Broda Bahm: Whenever we step up to evaluate a person as a potential juror, it can be an occupational hazard to simplify that person too much. We do our best with the time and information available, and to be sure, jury selection would be better and less susceptible to social biases if judges
Look Beyond Your Jurors’ Political Identification: Education Matters Read More »
By Dr. Ken Broda Bahm: I recently visited one of the Meow Wolf locations, and my feelings about the immersive art installation tracked with the typical reactions: As vivid as the pictures are, they still don’t do it justice, and you have to be there. This idea that in-person experience is always going to be
The Research/Practice Gap: You Should Continue to Prefer Live Testimony Read More »