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By Dr. Ken Broda Bahm:  One of my pet peeves is referring to individuals as “diverse.” For example, it’s never felt right hearing something like, “The firm is pleased to announce three new diverse hires.” I understand that the word is being chosen in preference to the word “minority,” a word that has its own […]

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

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

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

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,

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

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