Your Voir Dire Questions: Don’t Be Scared of Simple

May 7th, 2024|

By Dr. Ken Broda-Bahm: Yesterday, I spent the full day as a prospective juror at the Lindsey-Flanigan Courthouse in Denver. As you can tell from the fact that I’m writing about it, I did not get selected for the jury. Alas, I was just one of the many “gallery ghosts” watching as others were questioned, […]

Ground Your Hypotheticals

April 30th, 2024|

By Dr. Ken Broda-Bahm: Last week, the U.S. Supreme Court heard oral arguments on yet another momentous legal issue – this time, the claim of absolute immunity from criminal prosecution for claimed official acts by former President, Donald Trump who faces, among other charges, four criminal counts involving conspiracy to defraud the government, disenfranchise voters, […]

Don’t Rely on Luck in Picking Your Jury

April 23rd, 2024|

By Dr. Ken Broda-Bahm: As the historic first (but not last) criminal trial of a former U.S. President was kicking off last week, Mr. Trump commented, “Jury selection is largely luck,” before moving on to his more familiar complaints about the unfairness of the venue, the charges, the judge, and the trial process as a […]

As the Reptile Evolves, Update Your Understanding of ‘Duty’

April 9th, 2024|

By Dr. Ken Broda-Bahm: The Reptile approach to courtroom persuasion aims to sell plaintiffs’ cases by invoking absolute duties for protection wrapped around a fear appeal that resonates with the jurors. Even with the Reptile’s ‘reboot’ version, the ‘Edge’ training appears to continue this emphasis. In a second part of an article in the CLM […]

(Safely) Combat Safety Absolutism

March 26th, 2024|

By Dr. Ken Broda-Bahm: Recently, civil defendants have been interested in a new label: “Safetyism.” The idea focuses on a pervasive and increasing attitude in the jury-eligible population that demands unrealistic standards when it comes to protecting customers, patients, and the general public. The name, I think, might be a little deceptive, because it isn’t […]

Defense Opening: Repair Credibility First

March 20th, 2024|

By Dr. Ken Broda-Bahm: In an era of increased juror skepticism and perceived “Nuclear Verdicts,” there has been a call for new thinking on defense side. The need is for fresh approaches to cut against the factors motivating jurors toward extreme verdicts. The approach outlined in the book Nuclear Verdicts by Tyson & Mendes partner […]

Be Ready for a Reptile-Reboot

March 12th, 2024|

By Dr. Ken Broda-Bahm: The “Reptile” approach to trying civil cases by targeting a fear response has transitioned from being a novelty to being a mainstay in a little more than a decade. While the approach has not always been taken seriously by defendants, it has been the North Star for many on the plaintiff’s […]

Encourage Juror Note-Taking (and Take Notes Yourselves)

March 5th, 2024|

By Dr. Ken Broda-Bahm: In our increasingly digital world, the idea of taking notes the old-fashioned way with paper and pen can feel quaint. Yet, many of us still do it. For those jurors who are permitted to take notes, they are almost certainly doing it the old-fashioned way. New research, however, continues to demonstrate […]