Don’t Mix up the Do’s and the Don’ts

October 6th, 2017|Persuasive Litigator (Persuasion Strategies)|

Dr. Ken Broda-Bahm:    There are so many reasons why it is good to make a list, I could make a list of them (and actually, I did). But, safe to say, lists are ubiquitous in communication. We use them for shopping, for things we need to do, and steps we need to take. Mentally, we like the neat compartments of a discrete set of tasks or phases. The list can often take the form of the familiar "Do's and Don'ts." In product cases, for example, there are the sets of best practices for designing, testing, and marketing a product. In

Should an ESL Witness Testify Through an Interpreter?

October 5th, 2017|Litigation Insights|

When presented with a witness who speaks English as a Second Language (ESL), it is difficult to predict how they will be perceived by a jury.  In a previous post, we examined the challenges of identifying juror bias against foreign witnesses, but that raises a separate, yet related issue as to whether that witness is […] The post Should an ESL Witness Testify Through an Interpreter? appeared first on Litigation Insights.

Find Your Own “Sputnik Moment” at Trial

October 4th, 2017|The Litigation Consulting Report (A2L Consulting)|

On this day sixty years ago, a 34-foot-tall Soviet rocket lifted off the Earth from a Cosmodrome in present-day Kazakhstan.  Its payload -- a shiny silver globe with four external antenna masts to broadcast a repeating radio chirp back to Earth.  The Soviets called it Prosteyshiy Sputnik 1 -- “Simple Satellite 1.” The world’s first successful orbiting satellite was tiny, just 22 inches in diameter and weighing 184 pounds.  But its “beep-beep -- beep-beep” signal was rebroadcast everywhere and easy to pick up directly by shortwave radio.  Sputnik could also be seen in orbit by the naked eye, the sun

Look Out for Group Influence in the Witness Pool

October 2nd, 2017|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm:  The way trial and deposition testimony works is that you hear from one witness at a time. We have individual testimony, we don't have group testimony. Or do we? Is there a chance that when we are hearing from the individual, we are hearing a message that has already been formed and filtered in reference to a group's perceptions and opinions? New research shows that the answer might be, "Yes." Based on a release from the University of Huddersfield carried in ScienceDaily, Dara Mojtahedi, a lecturer in forensic psychology, finds support for a phenomena he calls, "co-witness familiarity

Know Your Audience: Trix Are for Kids (Who Don’t Care About Artificial Colors)

September 28th, 2017|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm:  You're forgiven if you didn't notice, but for the past couple of years, the General Mills cereal called "Trix" has been available only in a "heathier" version. That means that it kept all the sugar, but lost the artificial coloring, using vegetable and fruit ingredients instead. Apparently, there are some fans of the cereal who are old enough to send emails and post to social media, and those Trix fans complained that the new colors are dull or missing (nature apparently couldn't replicate the blue or the green in Trix, so those colors were pulled from

These Days, More Clients Are Hiring Law Firms, Not Lawyers

September 27th, 2017|The Litigation Consulting Report (A2L Consulting)|

During the past three decades, I've heard many clichés about the legal industry. One of them is that companies hire the lawyer and not the law firm. I think this one is often still true, but, for the first time in my career, I am noticing that this cliché is no longer as applicable as it used to be. This change is happening both at law firms and at litigation consulting firms like ours. It's true there are some special lawyers out there, particularly trial lawyers. Many of them can be recognized by their first names only, like Beth, David, and Brendan. To