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By Dr. Ken Broda Bahm: When preparing for trial testimony, often the focus is on what opposing counsel is going to do. You prepare for cross, naturally enough, because that is an adversarial moment. But my own view is that direct examination should get the same amount of preparatory attention. The questioning by friendly counsel, […]

By Dr. Ken Broda Bahm: A typical witness preparing for a civil trial often has only one good reference point for what their experience will be, and that is their deposition. That’s where they met opposing counsel, got a taste of that attorney’s style, and heard the questions that are likely to serve as the

By Dr. Ken Broda Bahm: Recently, three of the most high-profile current defendants did what conventional wisdom says they shouldn’t do; They took the stand in their own defense. Kyle Rittenhouse, on trial for killings at a Kenosha, Wisconsin protest, testified. Elizabeth Holmes, on trial in San Jose, California for fraud relating to her company,

By Dr. Ken Broda Bahm: So it is time for your critical meeting with the Client. Are they coming to your office, or are you going to theirs? Or, maybe it is the new option: Let’s just meet on the cloud. An article this past week in the ABA Journal documents a pretty dramatic turn

By Dr. Ken Broda Bahm: In the case of Kyle Rittenhouse, the individual on trial for killing two men and wounding a third at a Kenosha, Wisconsin protest in August 2020, the judge has set some terms on language. According to press reports, the judge has ruled that the Defense may characterize the men who

By Dr. Ken Broda Bahm: The setting of an in-court oral voir dire can be seen as a “perfect storm” of information. Data about your panel and your potential future fact-finders is coming at you from all directions. You may have responses from a questionnaire as well as information from prospective jurors’ social media and

By Dr. Ken Broda Bahm: I came across a recent article in the publication Raw Story with the intriguing title, “There’s a big problem in opinion polling that mainstream media is missing” by Matt Robison. While not an academic piece, the article does address a problem that is driving academics crazy. I’ve noted in previous

By Dr. Ken Broda Bahm: I’ve got to say it: I think I have the best readers in the whole litigation-blogging space. You’re thoughtful, committed, and willing to reach out to me with feedback and ideas for new posts. Honestly, I don’t think I could ask for a more intelligent and engaged group. And now,

By Dr. Ken Broda Bahm The American civil jury trial was on life support before the pandemic. For a generation at least, the trend has been toward a reduced scope for a jury’s decision, an expansion in the power of judges to resolve things in advance, caps on the jury’s damages, and a far greater

By Dr. Ken Broda Bahm: From the time we were kids, most of us swiftly learned what was likely to get us punished: a spanking or — for more recent generations — a time out. Usually, that was brought out by something we did, or by the situation we found ourselves in. That frame of