By Dr. Ken Broda Bahm: British Prime Minister David Cameron is breathing easier after voters in Scotland rejected independence last week. For Great Britain, it will go down in history as one of the greatest modern political gambles. The vote was called at a time when fewer than one in three Scots favored independence. But in the weeks […]
Mind the Backlash: The Reptile’s Adventures in Scotland Read More »
By Dr. Ken Broda Bahm: Let’s say that in trial, your witness will be called adverse and will go through the other side’s cross-examination before getting a chance at your direct.[1] But in your preparation sessions, you should still take them through your direct examination first. That’s what I call the “flipped” order, and in this
Flip the Order of Your Adverse Witness Preparation Read More »
By Dr. Ken Broda Bahm: When I’m in my office and on a client call where I’m expected to contribute creative thoughts, I will frequently close the door, put the telephone headset on, and pace circles around my office. And when I’m stumped over the course of a couple days by something for this blog,
By Dr. Ken Broda Bahm: I recently wrote about “prehabilitation,” the new term for the old practice of talking a juror out of their biases. That prompted a recollection of an article that I wrote a while back, but never included here in this blog. So, with some thanks to The Jury Expert for the reprint permission, here
Get Beyond “Can You Be Fair?” Read More »
By Dr. Ken Broda Bahm: “Shoot for the moon,” that motivational saying goes, “and even if you miss, you’ll land among the stars.” Sounds nice, until the cynics (the kind who write demotivational posters) add, “…and die in the cold abyss of space.” Both the feel-good and the sarcastic versions of that sentiment have a
Counter the Plaintiff’s Damages Anchor (Especially When It’s Overboard) Read More »
By Dr. Ken Broda Bahm: Jurors often identify with the fact witness, and for a good reason. If there is one person in the courtroom with whom they have the most in common, it is the person in the witness chair – the person who also has no specialized legal training, and was, like them,
Witness, Mind Your Tone: Eleven Reminders Read More »
By Dr. Ken Broda Bahm: Alexis de Tocqueville, France’s number one America fan back in 1835, was particularly fond of our jury system. In an oft-quoted passage, he said that “The jury, and more especially the civil jury, serves to communicate the spirit of the judges to the minds of all the citizens; and this spirit, with
Emphasize the Civic Role of Your Civil Trial Read More »
By Dr. Ken Broda Bahm: Cameras don’t simply record what is in front of the lens. Every movie director knows that the camera highlights, frames, hides, emphasizes and distorts. The Francis Ford Coppola’s among them know that they’re not simply filming, they’re ‘painting with light’ using the film as a canvas. The legal uses of
Don’t Assume the Camera Is Neutral Read More »
By Dr. Ken Broda Bahm: Here is an important technique. Experienced persuaders may already have it internalized, but it still helps to make it explicit and look at why it works. The technique is this: Begin ‘big’ with an abstract statement (This is a case about a betrayal of trust) and then get ‘small’ by
Your Message Sequence: Go Big Then Get Small Read More »
By Dr. Ken Broda Bahm: This post pays tribute to the notion that in research, everything matters. Yes, even what the research participants eat. Think about it: As participants check in, they’re met with a “Continental” breakfast (featuring the food of the continent where, apparently, only muffins and sweet pastries are served). Then after what
Stop Sugaring Up Your Research Participants Read More »