Voir Dire on Islamophobia

September 25th, 2017|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm:  President Trump has just announced the third version of his ban on travel to the U.S. by residents from specific countries. This time the ban includes the unlikely traveler from North Korea and some Venezuelan officials, but this third version is still recognizable as his 'Muslim travel ban,' the campaign promise that, in practice, has led to widespread public resistance and continuing constitutional challenges. But it certainly has its supporters as well. In fact, the persistence of this issue serves as a reminder of the fact that Trump isn't alone in his tendency to distrust individuals

Recognize the Weakness of ‘Hardball’ Rhetoric

September 21st, 2017|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm:  In his speech to the UN General Assembly last Tuesday, President Trump issued a pretty blunt threat. If the United States is forced to, he said, “We will have no choice but to totally destroy North Korea." It was not out of step with his previous rhetoric on the subject, including his comment a couple of weeks earlier that the rogue regime would be met with "fire and fury," but it was jarring to many based simply on the context. From the lectern of the organization created to "save succeeding generations from the scourge of war," the commander

How to Make Sure Your Expert Witness Isn’t a Lemon

September 21st, 2017|Litigation Insights|

We once had a client come to us with an expert witness who needed some serious prep work.  He was a great guy, very approachable, and extremely knowledgeable about his industry.  As it turned out, however, he had major problems with short-term memory and would buckle under cross because he couldn’t remember basic details related to the […] The post How to Make Sure Your Expert Witness Isn’t a Lemon appeared first on Litigation Insights.

The Benefits (and Occasional Perils) of Using Statistics in Trial

September 20th, 2017|CourtroomLogic Consulting|

A few weeks ago, one of my #TrialTwitter friends asked whether anyone had experience with using statistics in opening statement. It prompted an interesting conversation, but there’s only so much one can share in a 140-character tweet. Hence, this blog post (and the next one, too!). Are statistics ever appropriate for opening statement, witness testimony, a hearing, or even an MSJ? Absolutely. In fact, your presentation (or brief) can actually be more persuasive if it includes statistics. But a statistic isn’t persuasive or powerful simply because it exists. A statistic is persuasive and powerful because of the way it’s incorporated

3 Suggestions for Overcoming Memory’s Inherent Limitations

September 20th, 2017|The Litigation Consulting Report (A2L Consulting)|

Forty years of research about the psychology of human memory has shown that our memories are far from perfect replicas of the events that they purport to describe. Eyewitness accounts, in particular, have been proved unreliable – with a profound impact on the value of courtroom testimony. Thousands of criminal convictions have been based on identifications and accounts later shown to be incorrect. Human memory is malleable -- it is affected by a number of factors that can modify it or distort it. It is well known that people can be induced to remember and to sincerely believe episodes from

An update on liars, lies and lying: Most of us lie routinely 

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

Time for an update on who lies, why they lie, and how you can spot them. We’ve written a lot about deception in the past but there’s always more to say (believe it or not). We’re going to cover several articles in this post and discuss each of them briefly so you can explore the items in greater depth if they strike a chord of interest. 60% of us lie in everyday conversation  When we think of liars, we often think of “them”. But new research out of the University of Massachusetts at Amherst says it is more common than