By Dr. Ken Broda Bahm: I write this blog principally for litigators, but sometimes it is worth remembering that transactional attorneys are also advocates who, depending on the circumstances, may also have persuasive goals. The point of seeking to influence, particularly when the transaction may become the subject of future legal battles, is a place […]
Tell a Story with Your Transactional Documents Read More »
By Dr. Ken Broda Bahm: In the lead-up to trial, a good trial lawyer has many checklists. Some deal with motions to the court. Some deal with disclosure deadlines, some with witness notifications. In this article, I would like to address the broader question of preparation for your jury: What is the checklist to make
Complete Your Jury-Prep Checklist Read More »
By Dr. Ken Broda Bahm: The courtroom trial is one setting where lawyers feel they can sometimes dial up the dramatic delivery. In the hands of some, that liberty can lead to an overbearing style. One question with the newer Zoom environments is whether there is less room for that style when the communication is
Disrupt Your Zoom Narcissist Read More »
By Dr. Ken Broda Bahm: At a recent meeting with a witness to prepare for deposition testimony, and after I told the witness (more than once) to keep their answers short and not to stray beyond the question when answering, the witness asked, “Could you give me some kind of signal when I’m doing that?
Witnesses: Don’t Rely on ‘Catcher Signals’ Read More »
By Dr. Ken Broda Bahm: “Seeing is believing,” and based on the social science, we tend to apply that adage even when the visual aid does not rationally add to the substantive proof. Visuals makes things easier to call to mind later (which makes them feel more true), while also making the idea more vivid,
by Dr. Ken Broda Bahm: My daughter is a figure skater — the kind of skater who practices six days a week. Each one of the complex jumps that a skater executes involves dozens of fine-motor movements that need to be encoded into the skater’s muscle memory. It takes a ton of practice. One of
By Dr. Ken Broda Bahm: During the ongoing pandemic, courts have been understandably reluctant to invite large numbers into their chambers for trial, and particularly for jury selection. That situation has driven renewed consideration of supplemental juror questionnaires that can be administered and collected online. Both to gather medical and exposure-related hardship information, as well
Juror Questionnaires: Don’t Worry (So Much) About ‘Helping the Other Side’ Read More »
By Dr. Ken Broda Bahm: As a defendant thinking about your risk in the run up to civil trial, you probably have some idea of what your case is worth. But you also know, and have likely used, the expression, “Anything is possible with a jury.” There is always the chance of a run-away jury adopting
The Punishment Profile: Know the Juror Characteristics Read More »
By Dr. Ken Broda Bahm: What drives the motivation to not just compensate but to punish? When it comes to considering the purpose and amount of legal damages, the defense will predictably want a jury that, if they get to that stage at all, is focused on just paying the bills. They will concentrate on
The Pizza Scenario: Expect Punishment to be Driven by Both Equity and Retribution Read More »
By Dr. Ken Broda Bahm: At this point, I will wager that we’ve all seen the hilarious video from the 394th Judicial District Court of Texas, where an attorney, unable to remove a filter that changes his face into a cat’s, nonetheless confirms that he is prepared to go forward, and solemnly pledges to the court, “I am
Preserve Decorum (in All Courtroom Contexts) Read More »