By Dr. Ken Broda Bahm: Lately, the nation has been divided, again, on a critical question of public policy. And, again, that division reveals some stark differences in the ways each side views the facts and understands the values at stake. This time, the issue involves the policy of forced family separation of undocumented immigrants,
Expect Jurors to Blur Facts and Opinions Read More »
By Dr. Ken Broda Bahm: In the lead-up to a mock trial, the clients often and understandably hope for a win. After all, a win might help to steady their resolve and buttress their hopes heading into the courtroom. But you know what is even more useful than that? Actually learning something to help make
Make it Hard on Yourself: Eight Ways to Make Your Mock Trial a ‘Worst-Case’ Test Read More »
By Dr. Ken Broda Bahm: How do you spot a racist? Or, to be more on point, in a legal case about racial discrimination, or another case where racial biases would matter to the assessment of the case, the parties, or the witnesses, how do you recognize potential racial animus in order to inform your cause
Attitudes on Race: Consider that the Dog Whistle May No Longer Be Necessary Read More »
By Dr. Ken Broda Bahm: I have had a long-running interest in Don Keenan and David Ball’s perspective on plaintiffs’ trial and discovery advocacy called “The Reptile,” the notion that one can motivate jurors to side with a plaintiff by tapping into the tendency of the primordial reptile brain to flee from threats and gravitate
Be Craftier than the Snake: Observations from DRI’s 2018 ‘Reptile’ Seminar Read More »
By Dr. Ken Broda Bahm: Lately, I’ve seen increasing reports of people voluntarily separating themselves from the news. Often, this means taking a break from Facebook and its ubiquitous “Newsfeed.” In other cases, however, it involves people sounding the retreat on watching the news or reading the paper. For some, it means being more selective,
Account for News Fatigue 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: Several years ago, I sat in a courtroom in Pennsylvania, assisting the defense in a capital murder jury selection. The process was involved, and potential jurors were interviewed one at a time after completing a comprehensive questionnaire. Naturally, we had scored all the questionnaires, so we had a very good
Avoid Juror Self-Sabotage Read More »
By Dr. Ken Broda Bahm: Let’s consider the life cycle of the Reptile — not the slithering, cold-blooded animal, but the strategic approach to arguing plaintiffs’ cases advocated by David Ball and Don Keenan. That perspective, trying to win by appealing to the fear response of the “reptile brain,” is thought of as a trial strategy. Defense
The Plaintiff Is a Reptile, so Turn Your Witness into a Mongoose Read More »
By Dr. Ken Broda Bahm: Add this one to the list of reasons why sequestering the jury can be a problem, and more generally, to the “Juries can do strange things” category. The night before deliberations, at the end of a five-week murder trial, four jurors gathered in a hotel room as the others slept.
Don’t Underestimate Just How Much Jurors Want to Reach an Independent Decision Read More »
By Dr. Ken Broda Bahm: The jurors have made it through the trial, reached their verdict, received their thanks, and are headed to the exits. How do they feel about their experience? What do they think the lawyers did well, and what do they think the lawyers could have done better. Chances are, we can
Give the Jurors What They Want: 10 Golden Rules Read More »