By Dr. Ken Broda Bahm: Given the nature of my involvement in cases, I’m not often present in the courtroom when the jury receives its instructions. But I remember one time that I was. As the judge read out the sections focusing specifically on the credibility of witnesses, I thought, “This is deeply misleading…if not […]
Instruct the Jury Accurately on Witness Credibility Read More »
By Dr. Ken Broda Bahm: There is an old saying attributed to Mark Twain, that “A lie can travel halfway around the world while the truth is still putting its shoes on.” Based on a recent large-scale MIT study, that turns out to be pretty accurate. The study, released this past week in the journal Science (Vosoughi,
Use the Features that Make the Fake News Fly Read More »
By Dr. Ken Broda Bahm: As a litigation consultant with an academic background, I am in a unique position: I stay abreast of the social science research (the blog schedule makes sure of that), but I also spend my days working with trial lawyers on the practical needs of cases going to trial. From that
Take a Second Look at Why Per Diem Damage Requests Work Read More »
By Dr. Ken Broda Bahm: Her key witness is still on the stand. Direct examination went well, and now the other side’s cross-examination is just wrapping up. Standing up for redirect, the attorney looks at her notes: Coming out of cross, there’s a pretty long list of concessions, misleading answers, or unclear implications, and all of them need
Make Your Redirect Something Other Than a Repair Job Read More »
By Dr. Ken Broda Bahm: Do you think you miss valuable information in voir dire? What about your friends and colleagues who are trial lawyers: Do you think they miss valuable information in voir dire? The first question is self-directed: It is asking about you. But the second question is what they call a “social-circle” question, asking about
Ask Social-Circle Questions Read More »
By Dr. Ken Broda Bahm: How do you protect yourself against the nasty flu that is going around this winter? Well, you can partially protect yourself with a vaccination. Introducing your body to a weakened form of the bug helps to build up your ability to resist when exposed to the real bug later on.
Vaccinate Against Bad Arguments Read More »
By Dr. Ken Broda Bahm: Persuading a group that will then go off and deliberate is a unique persuasive setting. In a way, it can be called ‘Second Order’ persuasion, because it isn’t just about the person being convinced in the moment they’re hearing your case, it is about them being both convinced in that
Turn Your Passive Juror Into an Active Advocate: Seven Ways Read More »
By Dr. Ken Broda Bahm: Sometimes advocacy is 100 percent: Everything your client did, literally everything, was right. But other times — more often I would say, if we’re being honest — there is something that isn’t perfect. The defendant made some mistakes in how it handled the situation, or the plaintiff missed some steps when
Distinguish Between Hard and Soft Admissions of Fault Read More »
By Dr. Ken Broda Bahm: Sometimes a theme captures the public imagination, and a dominant narrative comes into common use as an explanation for much of what is going on. Right now, that theme is corruption, and it is a narrative of powerful people doing the wrong things and keeping them a secret. It is Republicans
Corporate Corruption: Expect Sensitized Jurors Read More »
By Dr. Ken Broda Bahm: Imagine that, after decades and generations of legitimate complaints relating to sexual harassment and abuse being played down and dismissed, they were — finally — being taken seriously. In the worlds of business, politics, and entertainment, powerful men are being forced out, as each day brings a new series of
Look Out for a #MeToo Backlash Read More »