By Dr. Ken Broda Bahm: As a sign of just how serious the coronavirus pandemic is getting, the President has finally appeared in public with a mask. The precaution of wearing a face mask is still highly politicized, but it is slowly catching on. In the planning process of courts that are moving toward resuming trials, […]
Face It: Masks Don’t Hinder Credibility Assessment Read More »
By Dr. Ken Broda Bahm: These days, instead of spending our days in offices, conference rooms, and courthouses, we are likely spending those days in front of laptop web-cameras, negotiating our business lives in this new medium. I have noticed that even some contacts that used to be handled by telephone, are now becoming web-conferences.
Web-Conferencing? Don’t Let Your Energy Zoom Away Read More »
By Dr. Ken Broda Bahm: Okay, show of hands: Two weeks ago, how many of you were familiar with Zoom, Webex, GotoMeeting, and/or MS Teams? And how many of you are familiar with them today? These tools for multi-party videoconferencing over the internet have been around for years, and in some law offices have even
Adapt to Remote Communication (Including Testimony) Read More »
By Dr. Ken Broda Bahm: Once, while I was monitoring a science-intensive agricultural contamination case, we asked permission for one of our expert witnesses to have the jurors peer into a dark box where they could see a petri dish with a bacteria culture under a black light. Our expert, not knowing better as it
Use Physical Exhibits: Be 3-D Read More »
By Dr. Ken Broda Bahm: Across the country, police departments are moving toward greater use of individual officer body cams. The small, lightweight cameras are used to record police encounters from the officer’s perspective and can become evidence. In some ways, of course, this means greater protection for both the public and for honest police
Remember that the Camera Has a Bias Read More »
By Dr. Ken Broda Bahm: “It was written all over his face.” That’s what we say when we think someone’s expression has told a truer tale than their words. It is the kind of statement that shows that we naturally pay a great deal of attention to the face when we are trying to assess
When Assessing Emotions, Listen, Don’t Look Read More »
By Dr. Ken Broda Bahm: The common challenge in jury trial, and often in arbitration and bench trial as well, is to get your fact finders to follow, to understand, and to care. In pursuit of these goals, litigators will employ many tactics to continually gain and regain attention. One of those strategies is the
Use Cartoon-style Graphics to Persuade Read More »
By Dr. Ken Broda Bahm: We live in an age of wonders, and those wonders are making it into the courtroom. Attorneys can now display, slice, and dice their documents on the fly using sophisticated presentation software, or even their own iPad. They can show demonstrative exhibits created with the kind of cutting edge design
Go Ahead and Use a Flip Chart Read More »
By Dr. Ken Broda Bahm: A trial lawyer prepares for opening statement. All the exhibits are ready and in order, the structure is laid out, and the themes are in place. Now, let’s just add in a few visuals — a timeline and perhaps a couple of charts — and it will be the icing
Put “Images With Impact” on Your Office Bookshelf Read More »
By Dr. Ken Broda Bahm: What is a “Duchenne smile?” It is not a smile that just involves the corners of your mouth turning up. Instead, it is a smile that activates both the muscles around the mouth as well as the muscles around the eyes. In all persuasive situations, we are told that a sincere smile
When You Smile, Make It a Duchenne Smile Read More »