By Dr. Ken Broda-Bahm: Testifying, whether in a deposition or in trial, can feel pretty threatening. Particularly if you’re a named defendant in a lawsuit, you know you’re going to be the target. But even when you’re on the other side, or you’re an expert for one of the parties, or even a true neutral […]
Witnesses, Remember Confidence is a Behavior Read More »
By Dr. Ken Broda-Bahm: As a witness prepares to testify in trial, the big fear is often cross-examination. While the direct questioning by the witness’s own attorney is seen as the “easy part” (friendly, open-ended questions that allow you to “tell your story”), the cross-examination by the opposing counsel is seen as far more threatening
Witnesses, Build Your Cross- Readiness on Direct Read More »
By Dr. Ken Broda-Bahm: As your juror hears testimony from a banking executive, is she thinking that banks are secretly controlling society? As another juror hears from a medical expert, is he thinking that experts like that are the ones who caused the “covid hoax”? What might it mean for your case if the jury
Be Alert for Conspiracy Thinkers in Jury Selection Read More »
By Dr. Ken Broda-Bahm: Cross-examination is a big deal for a key witness. I’ve noticed in trial that it gets some added attentiveness from the jury. Knowing that they’re now seeing one side pitted directly against the other, jurors will sit forward a bit in their seats to see who gets the better end of
Witnesses: Be Tough to Cross Read More »
By Dr. Ken Broda-Bahm: The Reptile approach to courtroom persuasion aims to sell plaintiffs’ cases by invoking absolute duties for protection wrapped around a fear appeal that resonates with the jurors. Even with the Reptile’s ‘reboot’ version, the ‘Edge’ training appears to continue this emphasis. In a second part of an article in the CLM
As the Reptile Evolves, Update Your Understanding of ‘Duty’ Read More »
By Dr. Ken Broda-Bahm: When it comes to witness goals in deposition or in trial, I think there are many useful perspectives. But looking at the range of possible advice, I think there are two bad ends of the spectrum. On one end, there is woodshedding. Despite ethical considerations, attorneys can be swayed by a
Witnesses, Make This Your North Star: The Best Answer the Facts Allow Read More »
By Dr. Ken Broda-Bahm: To be clear, testifying isn’t acting. Testifying is telling the truth. And with apologies to those who will point out that good acting is telling the truth as well, there are some important differences for the testifying witness, not least of which is that any appearance of artifice reduces credibility. Even
Witnesses, You’re Preparing for Improv, Not a Play Read More »
By Dr. Ken Broda-Bahm: After threatening that me might end his musical career if the jury went the other way, popular musician Ed Sheeran can now continue his line of work. According to a federal jury in New York earlier this month, Sheeran’s 2014 song “Thinking Out Loud” did not copy the musical structure of Marvin
Take a Note from Ed Sheeran: Show, Don’t Just Tell Read More »
By Dr. Ken Broda Bahm: Lawsuits rarely occur as a result of something good happening. More often, there has been some kind of very bad outcome, maybe even a tragedy. For people who are close to the events that give rise to a suit, it can be hard to avoid absorbing and personalizing some of
Address the Remorse Before Testifying Read More »
By Dr. Ken Broda Bahm: New York Plaintiff’s attorney Ben Rubinowitz has written and presented over the years on an approach toward cross-examination using what he calls “Voice of Reason” questions. He was recently a guest on a podcast called “Unscripted Direct” (“Episode 48 – Bad Facts”) where he demonstrated the approach, which he describes as having
When You’re Crossed, Handle the “Voice of Reason” Questions Read More »