By Dr. Ken Broda Bahm: In liability cases against physicians and other professionals, the plaintiffs work very hard to frame liability as a clear cut-and-dried mistake: The professional did something that wasn’t allowed, or failed to do something that was required. The simplicity of this approach, enshrined in the “Reptile” and “Rules of the Road”
Professional Liability Defense: Put It in the ‘Judgment Zone’ Read More »
By Dr. Ken Broda Bahm Jurors are often put in the position of assessing the probability or risk of something at the time a decision was made, before the consequences can be known. “How likely is it that a given result will be the outcome from a behavior?” is a rational question, and there may
Pre-instruct Your Jurors on Hindsight Read More »
By Dr. Ken Broda Bahm: Courts over the past year and a half have moved with unprecedented speed into unorthodox territory, exploring ways to conduct trials, or portions of trials, via remote videoconferencing technology. In that setting, perhaps it was only a matter of time before a case would be overturned on appeal due to
Learn from the First Zoom-Appeal Verdict Read More »
By Dr. Ken Broda Bahm: It qualifies as a best practice: If you can make it visual, then you should make it visual. When presenting to a jury or a judge, the goal of developing trial graphics to supplement your message should be driven, not by necessity, but by opportunity. The question isn’t whether you
Don’t Let Your Courtroom Visuals Be a Distraction Read More »
By Dr. Ken Broda Bahm: When you’re dealing with testimony, argument, or any other form of communication, it is easy to assume that you’re getting less when it is distanced. In a remote conference or any Zoom-like experience, it seems that the literal distance and the technological disconnect leads to less of an impression, including
Don’t Assume Virtual Communication Creates Less Empathy Read More »
By Dr. Ken Broda Bahm: The persisting pandemic has brought with it more adventures in technology. Courts have seen an increased use of remote testimony and oral argument, and even fully remote trials. When it is done well, it can be surprisingly effective in capturing a lot of the value of the in-person legal process, while also potentially improving
Understand the Full Effect of a Bad Connection or Recording Read More »
By Dr. Ken Broda Bahm: The core of most determinations of negligence is the question, “What would a reasonable person have done?” And, at least in theory, this “reasonable person” isn’t supposed to be an actual person whose deeds are recorded in the admissible evidence. Instead, based on the instructions, it is an idea. It
Treat the “Reasonable Person,” Not as an Abstraction, but as an Average Read More »
By Dr. Ken Broda Bahm: As the 2021 pandemic year winds to a close, while the 2022 pandemic year waits in the wings, it may be a good time to take stock of changes in legal procedure brought by the pandemic. Given the persistence of needed social precautions, as well as the chances of a
Remote Courtroom Procedures: Don’t Just Add a Camera Read More »
By Dr. Ken Broda Bahm: The voir dire process has got to be one of the most complex, information-rich, and high-stakes communication settings. To someone unfamiliar with the rituals, it won’t always be clear what is going on or why. For new attorneys, or experienced attorneys who just have not selected a jury in a
Be Tactical in Jury Selection Read More »
By Dr. Ken Broda Bahm: Even as things are fitfully returning to a post-pandemic normal (perhaps against the current COVID Omicron variant-driven medical advice) one feature of the last 21 months seems to be lingering: the Zoom conference. In legal settings, these video conferences are being used increasingly for team meetings, witness preparation sessions, hearings,
Consider That Your Zoom Conferences Might Be Sapping Your Collective Intelligence Read More »