Latest from Your Trial Message - Page 6
Stop Speculating on Your Damages Exposure
By Dr. Ken Broda-Bahm:
As civil jury trials continue to become more scarce, the need to reasonably assess what result a jury would return in trial becomes even more important. Even when the trial does not happen — especially when it does not happen – clients, counsel, and insurers need a rational way to ground
Message Discipline: Opt for Fewer, Better Reasons
By Dr. Ken Broda-Bahm:
With the news world still abuzz with implications of former President Trump’s 34 felony convictions and impending sentencing in New York, we are left to wonder about the effectiveness of defense attorney Todd Blanche’s closing argument focused on “ten reasons for reasonable doubt.” Some of those reasons had undeniable merit, like
Trust (but Guide) Your Jurors on Damages
By Dr. Ken Broda-Bahm:
How many times have you heard that a jury — especially a jury that is deliberating about damages in a civil case — is about as predictable as the lottery? The broad perception is that as jurors arrive at figures in the deliberation room, they’re essentially throwing darts at a dart-board.
Witnesses, Know What You Don’t Know: Six Principles for Your “I Don’t Recall” Answer
By Dr. Ken Broda-Bahm:
Michael Cohen, the “Fixer” for Donald Trump, has recently gotten off the stand in the former President’s “hush money” trial. Those taking aim at Cohen’s testimony have pointed out frequent use of “I don’t recall” on many of the details. That, of course, is a common response for many witnesses, and
Your Voir Dire Questions: Don’t Be Scared of Simple
By Dr. Ken Broda-Bahm:
Yesterday, I spent the full day as a prospective juror at the Lindsey-Flanigan Courthouse in Denver. As you can tell from the fact that I’m writing about it, I did not get selected for the jury. Alas, I was just one of the many “gallery ghosts” watching as others were questioned,
Ground Your Hypotheticals
By Dr. Ken Broda-Bahm:
Last week, the U.S. Supreme Court heard oral arguments on yet another momentous legal issue – this time, the claim of absolute immunity from criminal prosecution for claimed official acts by former President, Donald Trump who faces, among other charges, four criminal counts involving conspiracy to defraud the government, disenfranchise voters,
Don’t Rely on Luck in Picking Your Jury
By Dr. Ken Broda-Bahm:
As the historic first (but not last) criminal trial of a former U.S. President was kicking off last week, Mr. Trump commented, “Jury selection is largely luck,” before moving on to his more familiar complaints about the unfairness of the venue, the charges, the judge, and the trial process as
As the Reptile Evolves, Update Your Understanding of ‘Duty’
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
Know the Right N: How Participant Numbers Influence the Value of Your Mock Trial
By Dr. Ken Broda-Bahm:
Your typical mock trial might involve three juries, with a total of 30 or so mock jurors. The typical public opinion poll run by an organization like Gallup, however, can involve more like 1000 participants. So what is the disconnect when it comes to sample size, the variable that researchers