By Dr. Ken Broda-Bahm: Last week, the once and potentially future President of the United States was threatened with ejection from a courtroom because he could not control his verbal and non-verbal responses to the proceedings. As reported in the New York Times, Donald Trump was sitting in a Manhattan courtroom as a jury heard […]
By Dr. Ken Broda-Bahm: The adage, “If it ain’t broke, don’t fix it” carries a special meaning in litigation. It can be one of those classic “damned if you do, damned if you don’t” situations: After an injury or other tortious event, if you fix whatever led to the problem you confirm that you could […]
PowerPoint is a versatile tool that many lawyers use for creating trial graphics. It can be used to create visual aids that can help present arguments in a clear and concise way. While there are many tools available for creating trial graphics, PowerPoint is a popular choice due to its ease of use, flexibility, and accessibility. Using PowerPoint for trial graphics can help simplify complex concepts and make arguments more compelling. For instance, you can use PowerPoint to create timelines, charts, graphs, and other visuals that can help illustrate key points. This is particularly important in cases where multiple parties,
By Dr. Ken Broda-Bahm: I will admit up front that the title for this one might sound like someone trying to weasel out of something: Trying to gain the psychological benefit of “stepping up” without the legal liability that many might see as going along with that. And, it must be said, there’s a real […]
It’s that time of year again when we all make resolutions, stick to them for about two weeks, then go back to our typical pattern and practice. Let’s make this year different! In the spirit of correcting past problems and forging new habits, here’s a list of litigation resolutions – from case intake to closing argument – to put your trial strategy either back on track or to keep it on track. Initial Case Strategy “I resolve to start thinking about my jury story BEFORE discovery even starts.” Too often we see trial teams begin thinking about their jury story
Litigation can be a complex and risky process, and many lawyers have found it beneficial to conduct mock trials to gain insight into the strengths and weaknesses of their cases, especially in cases with millions or billions at stake. However, there are also some reasons why you may not want to have a mock trial. In this blog post, we will explore 10 reasons you should have a mock trial and 10 reasons you shouldn’t. 10 Reasons You Should Have a Mock Trial Gain Insight into Juror/Judge Perception: Mock trials provide an opportunity to test the waters and gauge how
Authors: Chad Lackey, Ph.D. and Ellen Brickman, Ph.D. For years, the public viewed the pharmaceutical industry negatively, with public sentiment reaching its lowest levels in 2019. In Gallup’s annual survey of opinions about different industries, the pharmaceutical industry ranked dead last that year, with 58% viewing it negatively and only 27% viewing it positively. In fact, these ratings were the lowest since Gallup began assessing opinions of different industries in 2001. Some data suggest that public opinion of the pharmaceutical industry dramatically improved during the COVID-19 pandemic. While Gallup showed only a modest improvement of 7% gains in positive ratings
By Dr. Ken Broda-Bahm: Seems like Americans have had it with powerful institutions lately. The organizations that have long structured our civic life have reached new lows in terms of trust, and this applies to many that have historically garnered relatively high levels of confidence. Higher education is at a historic low, and trust in … Account for Broken Trust in Institutions Read More »
Understanding the Role of a Litigation Consultant A litigation consultant plays a crucial role in the legal process, providing expert advice and guidance to attorneys and their clients. They bring a unique set of skills and knowledge to the table, helping to navigate complex legal matters and improve the overall effectiveness of your case. One of the critical responsibilities of a litigation consultant is to analyze and evaluate your case from an objective standpoint. They can see the strengths and weaknesses of your arguments that you may have overlooked due to your close involvement in the matter. By offering an
By Dr. Ken Broda-Bahm: There is a perspective on juror attitudes that has been receiving some attention lately. “Safetyism” refers to an individual’s tendency to not merely prefer safety, but to demand unrealistic standards of protection — no errors, no risk of injury, no chance of a bad outcome, no ‘safe level’ of a contaminant, … Counter “Safetyism” With Realism Read More »