By Dr. Ken Broda Bahm: The common expression of the recency effect, “Save the best for last,” says that the latter parts of a message will stick in the memory and be ready for later use. The importance of that effect in your trial message has gained some recent and somewhat unexpected support thanks to […]
Account for Recency in Jury Deliberations Read More »
By Dr. Ken Broda Bahm: It must be the season for corporate apologies. Twitter is sorry that it allowed itself to be a home for hate groups for so many years. Facebook is sorry that it was a gateway to companies like Cambridge Analytica and a host for Russian trolls. Wells Fargo is sorry it
Don’t Let Your Apologies Make You Sorry: The Trial Message Checklist Read More »
By Dr. Ken Broda Bahm: In the wake of recent verdicts, one defense team might be seeing its hopes of convincing jurors to follow its scientific advice going up in a cloud of smoke…or perhaps a cloud of potentially carcinogenic talcum powder. One manufacturer has lost a string of suits, most recently in April ($117 million
Encourage Your Juror to Think Like a Scientist Read More »
by Dr. Ken Broda Bahm: One way to stir up a controversy is to talk about the social expectations that apply to female litigators. The ABA Journal recently played host to that discussion after an article by Debra Cassens Weiss on showing anger in the courtroom quoted an essay in The Atlantic by former pubic defender and current law professor
Female Attorneys: Don’t Expect Anger to Work (as Well) for You Read More »
by Dr. Ken Broda Bahm: The two terms are often used interchangeably, but “rebuttal” doesn’t mean the same thing as “refutation.” The latter amounts to an attack on the arguments of the other side, and the former means rebuilding your own arguments after they’ve been attacked by the other side. Trial lawyers have a practical
Rebuttal: End With Your “Untouchables” Read More »
By Dr. Ken Broda Bahm: I’ve shared before on these pages that I decided to learn music at an age where most people have either mastered their musical instrument or made peace with their inability to play one. Prompted by my daughter’s interest, I decided to have a go at guitar a few years ago, and with
Find the Music in Your Theme Read More »
By Dr. Ken Broda Bahm: Recently, I was running a mock trial exercise with three retired judges. Reviewing the testimony, one shared a skepticism toward the “hired-gun” engineers they had heard, and opined that what is “more important is the intuitive sense about the nature of this subject area.” The other two judges quickly nodded
Experts: Be Experienced, Confident, and Visual Read More »
By Dr. Ken Broda Bahm: What do we expect of our leaders? If you think about it in a political context, and if you get past your initial cynical thoughts about self-interest and corruption, then perhaps what you hope for is that our leaders make decisions with us in mind: that they think about what
Expect Jury Leaders to Act as Individuals, not Representatives Read More »
By Dr. Ken Broda Bahm: We all recognize the scene from a crime drama. Sometime late at night, under the dim lights of the state’s forensic lab, the results emerge from the sophisticated lab equipment: It’s a match! There is now no doubt whatsoever that we’ve found the killer. In the genre of criminal process
Measure Your CSI Effect Read More »
by Dr. Ken Broda Bahm: Let’s say you’re a plaintiff’s attorney, and let’s also say you have a particular niche in personal injury law: amusement park accidents. And, as much as you might feel that primal fear on the “Mind Eraser” high-speed roller coaster, amusement park accidents are actually pretty rare. Thanks to safety standards
Expect Threat Perception to Increase, Even as Actual Threats Decrease Read More »