Let He Who Is Without Bias Cast the First Stone

February 24th, 2020|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: Roger Stone has now been sentenced, following conviction on seven counts of obstruction, false statements, and witness tampering. But for the political fixer and his legal team, the fight isn’t over. In a recent motion, they argue for a new trial, claiming that the jury’s foreperson showed bias in being an “anti-Trump activist,” who had Tweeted and posted many times against President Trump and in favor of the Mueller investigation. And this seems like another case of sharply differing realities. For many of the President’s supporters, and the President himself, it seems like an open-and-shut case:

EEOC 2019 Statistics Reflect Decline in Charge Filings

February 21st, 2020|DOAR|

On January 24, 2020, the EEOC released data on its 2019 charge filings.[1]  The EEOC reported that the total number of charges filed in 2019 declined by 4.8% (from 76,418 in 2018 to 72,675 in 2019).  Retaliation claims continued to predominate, with 53.8% percent of charges including allegations of retaliation.  Disability, race, and sex discrimination (including harassment) claims each accounted for slightly over 30% of total charges. The EEOC’s 2019 charge statistics mirror the perceptions of respondents to a recent study conducted by DOAR.  Respondents to the study perceived racial discrimination as most prevalent, followed very closely by sex discrimination. 

Experts, Know Your Eight Bases of Persuasion

February 20th, 2020|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: What makes an expert witness persuasive to a jury? Is it their background and training? The work that they did on the case? Their communication skills in teaching the jury? The research suggests that expert influence depends on a variety of factors, and a scale even exists to measure these factors: the Expert Persuasion Expectancy (ExPEx) framework. That framework includes many of the variables that experts and the attorneys who sponsor them would expect: Foundation, Field, Specialty, Ability, Opinion, Support, Consistency, and Trustworthiness. Even as the items are potentially unsurprising, it is still helpful to keep

How to Use Map Graphics Effectively in Litigation

February 18th, 2020|Litigation Insights|

A great many litigation cases benefit from the use of maps to illustrate relationships between objects, people, and spaces. In fact, maps offer such an efficient means to convey ideas to jurors that some verdicts can hinge on the strength of a map’s design. But useful maps don’t come readymade. If you’re trying to explain a disastrous airplane flight path to the jury, for instance, you can’t point at the countryside topography (Figure 1) and fill in the scene with your words alone – poetic as you may be. Fig. 1. A Google Earth image (data provided by Landsat/Copernicus) is

Reverse Hardships: Who Wants to Be Here?

February 18th, 2020|2's Company - Magnus Insights|

I have assisted attorneys in selecting juries since 1991. That’s a long time. I have been involved in hundreds of jury selections across the U.S.A., from Alaska to Florida. Never, until recently, have I witnessed a judge asking a large panel of potential jurors the following question: “Who wants to serve as a juror on this case?”. In every case except this one, the judges inquire about the potential jurors’ hardships, defined as something that would make it difficult or impossible to be a juror. Common hardships are: financial, including not being paid by one’s employer when someone is not

Remember, You Can’t Refute a Bias

February 17th, 2020|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: Imagine that you have in front of you a Bernie Sanders supporter or a Donald Trump supporter. Go ahead and pick whichever one of those is opposite your own political views. Now, convince them that they’re wrong. Assuming that they’re true believers, and not in any way on the fence, you already know the result: It ain’t gonna happen. In fact, the more you argue, the more they seem to become committed and entrenched in their views. And the more you argue, the more your target becomes convinced that you are part of the problem, and