By Dr. Ken Broda Bahm: Not all witnesses are saints. While this is especially well-known in the realm of criminal prosecution, it applies in civil trials as well. A witness may carry some unsavory background, or the context may simply be such that their testimony – truthful or not – feels like betrayal. The same […]
Test the Credibility of Your Turncoat Witness Read More »
By Dr. Ken Broda Bahm: My computer and I are currently fighting. In my Dell laptop’s fragile state, even the simplest actions can result in a freeze, or one of those inscrutable Microsoft messages, like “the instruction at 0x00630522 referenced memory at 0x04d92670 and the memory could not be ‘read’”(as if that information helps the typical user:
With Computers and Witnesses, Expect Memory Errors Read More »
By Dr. Ken Broda Bahm – In the pivotal scene of “My Cousin Vinnie,” a movie beloved by those who follow legal persuasion, the defense attorney, played by Joe Pesci, asks the judge permission to treat his now estranged girlfriend as a hostile witness. This is a request that the judge, with a knowing look, quickly
Diagnose Your Difficult Witness Read More »
By Dr. Ken Broda Bahm – During a recent trial, a witness was about to leave the stand as a slip of paper with a question emerged from the jury. The note was enough to make the examining counsel’s blood run cold, as the juror asked the witness, “Isn’t [your attorney] signalling you on how to answer by nodding his head to indicate ‘yes,’ or ‘no’?
Remember in Court, If You’re in View, Then You’re on Stage Read More »
By Dr. Ken Broda Bahm – The term “woodshedding” as applied to a witness has a colorful history, starting with the notoriety of a small structure just outside the colonial courthouse in White Plains, New York, where attorneys would meet with witnesses just before coming in to court. As used today, “woodshedding” basically means telling witnesses, fact
Keep Your Witness Out of the Woodshed Read More »
By: Dr. Ken Broda Bahm – When the case comes down to ‘expert versus expert,’ one important question is, what makes jurors believe one expert witness over another? Applying the rational model of law, we would like to think that jurors would evaluate the credentials, the methodology, and the strength of the conclusions offered, and
By: Dr. Ken Broda Bahm For the litigator preparing a witness or working up an opening statement, there is an important question of whether you should just make your own case, or identify and respond to the arguments likely to be offered by the other side. For the witness, should you cover in direct what you expect will be hit on cross,
With Eggs and Arguments, Keep the Sunny Side Up, But Cook Both Sides Read More »
by: Dr. Ken Broda Bahm From “To Kill A Mockingbird,” all the way to “My Cousin Vinnie,” the world of cinema is filled with great trial stories. In virtually all of them, the heart of the drama is played out in a courtroom, in front of a jury, through powerful openings, closings, and witness examinations.
Take a Discovery Lesson From ‘The Social Network’ Read More »
by: Dr. Ken Broda Bahm Your expert witness is on the stand as cross begins. Where he previously was clear, confident, and informative with you in direct, he is now simply saying “yes,” and “that’s right” to a series of statements made by opposing counsel. “So you agree that my company completed years of testing
Offense Can Be the Best Defense: Train Your Witness to Fight Back in Cross Read More »