To Address Implicit Bias, Rely on Rules Not Standards

March 20th, 2017|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm:  In the first of Disney's Pirates of the Caribbean movies, the heroine of the story is demanding to be taken back to shore and invoking something called "The Pirate Code" to make her case. The pirate, Captain Barbossa, responds:  First, your return to shore was not part of our negotiations nor our agreement so I must do nothing. And secondly, you must be a pirate for the pirate's code to apply and you're not. And thirdly, the code is more what you'd call "guidelines" than actual rules. Welcome aboard the Black Pearl, Miss Turner.  And that's the failed

Simple Jury Persuasion: The SPOT (Spontaneous Preference  for Own Theories) effect 

March 20th, 2017|The Jury Room (Keene Trial Consulting)|

It’s been a while since we’ve had a new cognitive bias to share with you. Previously we’ve blogged on many different biases and here are a handful of those posts. Today’s research paper combines three biases—two of which we’ve blogged about before: the better-than-average effect, confirmation bias and also, the endowment effect. The endowment effect is the “(irrational) added value” we place on things just because they belong to us and not to someone else. So, today’s research was described over at BPS Digest (a reliable source for accurate summaries), and it’s a bit odd. For the sake of brevity,

“Alexa” Hears Everything and Jurors See Everything

March 18th, 2017|The Advantage Blog - Tsongas Litigation Consulting|

Recently there was quite a stir over the possibility that Alexa, Amazon’s highly successful and useful home device, could be listening to everything everyone says (it’s too late, she has already heard what you have said), and that it could actually be used as evidence in a criminal trial. After all, “she” must be listening, since she is voice activated. This is an interesting realization. So, Alexa hears everything: she is always “aware.” It reminded me also that in a jury trial, a jury “sees” everything, is always looking, always assessing, always evaluating, and potentially judging what they see. Jurors certainly listen

Don’t do this at work, beards, ear worms, narcissists, &  discarding advances in knowledge

March 17th, 2017|The Jury Room (Keene Trial Consulting)|

Here’s another this-and-that post documenting things you need to know but that we don’t want to do a whole post about–so you get a plethora of factoids that will entertain your family and entrance your co-workers. Or at least be sort of fun to read and (probably) as awe-inspiring as the stack of vegetables and fruit illustrating the post. Just don’t do it: How bringing up politics ruins your workplace You probably know this already since many people say their Facebook feeds are a toxic combination of politics and rage these days. So. Bringing up politics up at work is

Let Them Own It

March 16th, 2017|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm:  I have this theory, and because it is mine, I believe it. That, in a nutshell, is the explanation of a new and unique bias that has recently been demonstrated by social science researchers. The bias is called, "Spontaneous Preference for Own Theories," or SPOT for short, and the explanation is pretty much contained in the name: If we take a theory to be our own, then we will tend to prefer it automatically. That bias has some close cousins in the cognitive world: The "Endowment Effect" is the tendency to value what it ours, "Confirmation Bias"

Trial Consultants & Dentists

March 16th, 2017|2's Company - Magnus Insights|

Okay, what do trial consultants and dentists have in common? I was prompted to think about this recently when I met a dentist who is participating in the Jim Moran Institute/Florida State University Small Business Executive Program with me. He and I were discussing how people dread going to the dentist. It is one of those universal fears. Maybe fear is the wrong word, but dread fits for most people. They fear or dread the pain, and the noise, or maybe it is the huge needles. I know it is one or more of those things for me. And, apparently,