Dr. Ken Broda Bahm: The word “science” conjures up all kinds of images, and many of those images don’t quite match the realities. One context in which scientific perceptions are at a mismatch with reality is the area of jury selection. A week ago, Joel Warner wrote an article for Slate, the online magazine, that began with […]
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By Dr. Ken Broda Bahm: Litigators expect to be fighting with the other side. After all, that’s what trial is about. But when it comes to making decisions within our own teams, we should avoid criticism, all pull as one, and cooperatively come together around a common strategy, right? Wrong! Instead, we should be fighting
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By Dr. Ken Broda Bahm: It is an unusual research finding, but it explains a great deal of what we see in mock trials and litigation outcomes: Just as with naughty pupils, bad acts receive more attention than good acts. For both the plaintiff, as well as the defendant, juries and other fact-finders are likely