By Dr. Ken Broda Bahm: Let’s consider the life cycle of the Reptile — not the slithering, cold-blooded animal, but the strategic approach to arguing plaintiffs’ cases advocated by David Ball and Don Keenan. That perspective, trying to win by appealing to the fear response of the “reptile brain,” is thought of as a trial strategy. Defense […]
The Plaintiff Is a Reptile, so Turn Your Witness into a Mongoose Read More »
By Dr. Ken Broda Bahm: On the defense side of the bar, attention has been exploding over plaintiffs’ Reptile approach. If you Google “Reptile” and “Litigation,” you’ll see a profusion of articles. But so far, at least, the strategy of leveraging the perceptions of “safety” and “danger” has been the subject of attention from a subset of defense lawyers:
Expect Reptiles to Invade New Habitats Read More »
By Dr. Ken Broda Bahm: Take the Reptile seriously, but don’t fear it. The en vogue strategic choice of the plaintiffs’ bar, the idea that trial persuasion can be leveraged by careful and targeted attention to the fear impulse of the so-called “reptilian brain,” (Keenan & Ball, 2009) is an idea that, regardless of its scientific foundation,
Don’t Fear the Reptile Read More »
By Dr. Ken Broda Bahm: British Prime Minister David Cameron is breathing easier after voters in Scotland rejected independence last week. For Great Britain, it will go down in history as one of the greatest modern political gambles. The vote was called at a time when fewer than one in three Scots favored independence. But in the weeks
Mind the Backlash: The Reptile’s Adventures in Scotland Read More »
By Dr. Ken Broda Bahm: The Reptile (Ball & Keenan, 2009) is about as hot as a cold-blooded creature can get. The theory, focusing on trying plaintiffs’ cases by aiming your appeals at the primitive drive for personal safety and security, seems to have struck a chord with plaintiffs’ attorneys. With regular seminars, a growing family
Don’t Underestimate the Power of a Unifying Vision: A Return to the Reptile Read More »
By Dr. Ken Broda Bahm Earlier this Spring, a courthouse in Jackson Mississippi was actually invaded by snakes. That story might have made some in the plaintiff’s bar smile a bit, since in their view, Reptiles have been invading American courtrooms across the country for a few years now. Reptile: The 2009 Manual of the
Tame the Reptile in Your MedMal Defense Read More »
By Dr. Ken Broda Bahm: Before a recent presentation, I was chatting with a Texas medical malpractice defense attorney when she shared the following: Plaintiffs’ lawyers have changed. They’re all talking about “safety” now, and that word is finding its way into every deposition: “What is the safe procedure?” or “What would’ve kept Mrs. Johnson
Respond to the Reptile Read More »
By Dr. Ken Broda-Bahm: As they enter a deposition room, or approach the lectern for cross-examination at trial, opposing counsel is looking for an opportunity to make a few memorable points at your witness’s expense. Often that opportunity can be achieved by asking the witness to embrace an oversimplified version or their duties and obligations.
Witnesses, Avoid Absolutes 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: In addition to making their views known at the ballot box, citizens can similarly broadcast their sentiments in the civil jury box. While they’re asked to merely make a factual finding limited to a specific dispute, the verdicts can read as a more generalized message about their feelings about the state
Profile Your Nuclear Juror (Based on the Research) Read More »