Brown Cows and Chocolate Milk: Account for Rational Ignorance

June 19th, 2017|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm:  File this in the category of, "I didn't realize just how uninformed some people are," a new survey makes the claim that seven percent of American adults believe that chocolate milk comes from brown cows. The data comes courtesy of the Innovation Center for U.S. Dairy drawn from an online survey conducted in April of 1,000 American adults. On the one hand, that stands out as an awfully daft notion, and the seven percent an awfully high number (greater than the population of Pennsylvania). On the other hand, however, we don't really know how the question was asked. One Huffington Post reporter

Simple Jury Persuasion: The Pique Technique (The Panhandler’s Persuasion Tool) 

June 19th, 2017|The Jury Room (Keene Trial Consulting)|

Seven years ago, we blogged about a disruptive persuasion strategy meant to catch the listener off guard and thus, elicit cooperation. Four years ago, we blogged about a negotiation strategy to help you more successfully negotiate prices (from salaries to farmer’s market produce). Now, in a new meta-analysis, the strategy is called the pique technique (which is very catchy). The pique technique is a persuasion strategy believed to work by raising the listener’s curiosity and thus disrupting the automatic “No” and encouraging you to engage with the asker. Most people ask, “What is it for?” to an unusual request like

Wisconsin v. Loomis: The Continuing Saga Of John Henry v. the Steam-Powered Hammer?

June 16th, 2017|DOAR|

Wisconsin v. Loomis:  The Continuing Saga Of John Henry v. the Steam-Powered Hammer? by Julie Blackman, Ph.D. John Henry was an African American folk hero and a “steel-driving man.”  He hammered steel drills into rock to make holes for explosives that cleared the way for railroad tunnels.  According to legend and song, he competed in a race against a steam-powered hammer.  He won the race but died with his hammer in his hand.  The stress of his exertion stilled his heart. While attention to the role of artificial intelligence in courtroom decision-making is new, the value-laden competition between humans and

More on American race relations since the 2016  presidential elections

June 16th, 2017|The Jury Room (Keene Trial Consulting)|

This is a combination post of some of the ways race is coming up in 2017 (so far). It is easy to become numbed to how many shocking things are said on a regular basis now, but we agree with John Oliver in this NSFW video—this is not normal and we need to remember that! So today, here’s just a sampling of things that we need to pay attention to and not just accept as “normal”. These are not normal things. What is even more disturbing is these are stories all published within the past week. A lawyer who stood up

New Media’s Impact on Jurors – Part II

June 15th, 2017|Litigation Insights|

Your trial graphics do not live in a vacuum.  Their success is based solely on their effectiveness with the audience – your jurors.  Of course, no two jurors are exactly alike; their needs and wants are a moving target.  So how can our graphics possibly meet the communication expectations of every juror?  One valuable way […] The post New Media’s Impact on Jurors – Part II appeared first on Litigation Insights.

Don’t Let Anti-Lawyer Assumptions Keep You Out of the Courtroom

June 15th, 2017|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm:  It's an occupational hazard: If you're a lawyer, then you're going to hear lawyer jokes. One that I'm fond of is, "There is really only one lawyer joke...all of the rest are true." That one was used successfully as an ice breaker in voir dire during a recent attorney malpractice defense. Or, I should say, it was used in a mock voir dire, because the case settled on the eve of trial. That result is in keeping to what we see as a general reluctance to see the inside of a courtroom when it comes to