About ken.brodabahm

This author has not yet filled in any details.
So far ken.brodabahm has created 99 blog entries.

Take Responsibility (Without Conceding Liability)

January 9th, 2024|

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 […]

Account for Broken Trust in Institutions

December 19th, 2023|

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 »

Counter “Safetyism” With Realism

December 11th, 2023|

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 »

Facing Questions in Oral Argument? Think F.A.S.T.

December 5th, 2023|

By Dr. Ken Broda-Bahm: I recently had the opportunity to serve as a judge for a legal advocacy program as part of my daughter’s high school constitutional law program. In watching the students answer the panel’s questions, I noticed something I have also noticed in working with attorneys prior to oral argument: The judge will … Facing Questions in Oral Argument? Think F.A.S.T. Read More »

Respect Your Jury’s ‘Informational Phase’ (They’re Learners, Not Just Persuasive Targets)

November 28th, 2023|

By Dr. Ken Broda-Bahm: There’s a stereotype of what happens in jury deliberations. It involves jurors squaring off against each other, a hail of fierce argument and counter-argument, with the jurors turning themselves into proxy attorneys for their side as other wavering members are converted or confirmed: Think “Twelve Angry Men” with greater demographic diversity. … Respect Your Jury’s ‘Informational Phase’ (They’re Learners, Not Just Persuasive Targets) Read More »

Don’t “Read” Your Jury

November 21st, 2023|

By Dr. Ken Broda-Bahm: A recent issue of American Lawyer included the provocatively titled article, “Why Jury Consultants May Not Be Worth It and Other Tips from Judges.” Reporting on discussions from the Ninth Circuit Judicial Conference, the article included a comment from Judge Marsha J. Pechman of the U.S. Western District of Washington that jury … Don’t “Read” Your Jury Read More »

Call Out Minimized Burdens

November 13th, 2023|

By Dr. Ken Broda-Bahm: At a recent jury selection, opposing counsel — the plaintiff in that case — stepped up to the box of prospective jurors holding two unopened reams of paper. I knew what was coming: If the weight of evidence is completely equal, like these two reams of paper, then we haven’t met … Call Out Minimized Burdens Read More »

Wake Them Up: 9 Ways to Make Testimony More Engaging for Jurors

November 7th, 2023|

By Dr. Ken Broda-Bahm: During a recent mock trial, there was one juror seated in the front, gamely struggling to keep her attention on the case. Before too long, however, we saw drooping eyelids, followed by some pretty loud snoring. Admittedly, counsel was needing to get through some technical information on a complex case, but … Wake Them Up: 9 Ways to Make Testimony More Engaging for Jurors Read More »

Voir Dire: Before You Ask”Can You Be Fair?” Know What You Want the Answer to Be

October 31st, 2023|

By Dr. Ken Broda-Bahm: The court’s purpose in voir dire is to use the time to identify and eliminate those jurors who would have the hardest time giving the case a fair hearing. But layered onto that purpose is the advocate’s goal of working toward a jury that is most likely to be favorable to … Voir Dire: Before You Ask”Can You Be Fair?” Know What You Want the Answer to Be Read More »