By Dr. Ken Broda-Bahm:
Civil cases generally involve a mix of individuals and corporations. While the government can be a party, more often state or federal officials are playing an off-stage role in setting a regulatory standard that was either met or not met in the case. A product manufacturer might have complied with the
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Mediate on Merits, Not Math
By Dr. Ken Broda-Bahm:
It’s a familiar scenario: As the case moves toward the mediation stage, the two sides start staking out positions with an eye toward compromise. The plaintiffs make a big ask with the expectation of coming down. The defense offers a low number with the expectation of coming up. Before and through
Don’t Activate a Bad Frame
By Dr. Ken Broda-Bahm:
There is a well-known principle in communication circles, first expressed by cognitive scientist George Lakoff: “When we negate a frame, we evoke the frame.” It means that even when we try to deny a specific attack against us, when we use the same terms, we end up giving space and
Witnesses, Remember Confidence is a Behavior
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
Expect More Extreme Anti-Corporate Attitudes
By Dr. Ken Broda-Bahm:
In modern times at least, corporations have not been terribly popular. However, since the murder of UnitedHealthcare’s CEO about a half a year ago in New York City, observers and the corporations themselves have been paying more attention to the extreme edges of these attitudes. For nearly two decades, Persuasion Strategies
Keep Doing Your Own Writing
By Dr. Ken Broda-Bahm:
I’m old enough to feel okay claiming full “curmudgeon” status when it comes to A.I. as a writing tool. I know some will say that puts me behind the times, and others will say that I’m missing out on opportunities. But the early social science on the effects of A.I. on
Follow Five Steps to a Successful Cause Challenge
By Dr. Ken Broda-Bahm:
Cause challenges play an important role in jury selection. When a potential juror has an acknowledged barrier to basing their decision on a neutral understanding of the evidence and the law, they should not serve. However, when lawyers are exploring potential cause issues, I often see them taking an approach that
Account for the Transformation of Your Jurors
By Dr. Ken Broda-Bahm:
Will the individuals who serve on your jury be the same people they were before they were called for service and selected? Will they have the same mental habits and preferences they exhibit in their civilian lives outside the courthouse? Will they be the same people they portray themselves to be
More Arguments Aren’t Always Better: Know the Reduced Average Effect
Imagine an attorney going over her notes before oral argument. She already has a solid set of reasons lined up and then decides to add one more argument that has been a little controversial within the team: some like it, but most think it is weak. Flash forward to the judge’s hearing on the argument,
Voir Dire on Attitudes Toward Wealth
By Dr. Ken Broda-Bahm:
America’s civil litigation system can sometimes look a little like class warfare. On one side — often, but not always the defense — there will be an organization and a group of individuals who enjoy substantially more wealth than those on the other side. So what do we think about the