By Dr. Ken Broda Bahm: You’re in a grocery store with your cart ready to check out. The entire time you’ve been in the store, you’ve understood that you can buy any kind of product the store sells. And at some point, you probably walked through the candy aisle on your way to pick up […]
Nudge the Legal Decision Maker Read More »
By Dr. Ken Broda Bahm: You have probably noticed that the experience of watching a movie in a theater is different from the experience of watching that same movie in your home. Even with the larger home-theater screen and sound system, there is still something about seeing a great film on a truly big screen:
Make Your Case on the Big Screen Read More »
By Dr. Ken Broda Bahm: A current article in Pacific Standard, the online publication of Miller-McCune Center for Research, Media and Public Policy, continues a debate that has become familiar to litigation consultants. The opinion piece by Seattle science writer Jane Hu makes the argument that the trial consulting field, and specifically its role in jury selection,
Expect Trial Consulting Myths to Die Hard Read More »
By Dr. Ken Broda Bahm: It is one of those irritating word pairs in English, like “your” and “you’re” — similar spelling and sound, but different meaning and frequent confusion. “Adopt” means to “take something as your own,” while “adapt” means to “make an alteration in response to a situation.” The meanings are different, but
Witnesses: Don’t Adopt, Do Adapt Read More »
By Dr. Ken Broda Bahm: The results of the 2014 mid-term elections are in and, for the most part, the American electorate has confirmed expectations, ushering in a swing toward the right. Before that, 2012 saw a swing to the left, and 2010 saw a swing to the right, and 2008 saw a swing to
Pay Attention to the Pendulum Read More »
By Dr. Ken Broda Bahm: A couple of weeks ago I was working with a trial team and was present when one lawyer was profusely apologizing to another for wanting to go home. She knew there was still work to be done, she said, but she wanted to see her son before he returned to
Rest and Reflect (in Order to Learn More) Read More »
By Dr. Ken Broda Bahm: In previous posts, I’ve revealed a near-missionary zeal for structure. The division and sequence of presentations should be not simply known by the presenter, but emphatically obvious to the audience. I think that is better communication. It is also especially suited to legal persuasion during trial where litigators use a
Enumerate: 7 Reasons Why Numbering Your Reasons Works Read More »
By Dr. Ken Broda Bahm: Back when I taught public speaking in college, I had a colleague who was so committed to exorcising her frequent use of “um,” that she asked an associate to sit at the back of her classroom and hold up a sign with “um” written in foot-high letters every time she
Don’t, uh, Necessarily Worry About “Um” Read More »
By Dr. Ken Broda Bahm: As of the press time for this post, panic over Ebola is rising in the United States. With the first U.S. diagnosis of a patient last week, and that patient’s passing shortly afterward, it seems that the media — both social and institutional — are dominated by fears of a
Expect Fear to be Driven by Dread, Not Data Read More »
By Dr. Ken Broda Bahm: The belief is that “fast-talking” applies easily to “lawyer,” just as it naturally attaches to “salesman,” “politician,” or other perceived “slicks” who are able to persuade before their targets quite realize what is happening. But does speed of speech really convey an advantage in persuasion? The answer is a solid,
Speed Up to Limit Counterargument (and Slow Down When Preaching to the Choir) Read More »