Make Your Slides Less Texty: Six Tips

July 22nd, 2021|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm In any challenging communication situation, it is best to combine the visual with the verbal. This is good practice because pictures tend to make things more “truthy,” in the sense that claims that are accompanied by relevant images are more likely to be considered true, even when logically the picture has no probative value. For a trial lawyer, I believe that pictures also work because they put jurors in a more attentive frame of mind: The “dual tracking” that comes from listening while also looking leads to greater engagement. For these reasons, the slide deck is

Output = Effort x Ability

July 20th, 2021|2's Company - Magnus Insights|

Social psychologists, as well as other types of psychologists, have studied achievement motivation for many decades. In goal directed situations, there are several ways in which someone can achieve the desired outcome: ability, effort, and luck. Success and failure also depend, of course, on the difficulty of the task being undertaken. When considered together, these 4 elements of achievement behavior provide a foundation for understanding how people succeed or fail in a variety of situations, from the world or work to learning how to play a musical instrument or how to pitch a fastball. In the years David and

Cameras in the Courtroom

July 20th, 2021|Trial Technology|

Now that the courts are beginning to get back to business, will we continue to have remote witnesses and juries? That's a great question, and we'd have a completely different answer had it not been for COVID-19. What we've just experienced is one of the fastest implementations of technology by the legal professions ever.Technology, when used properly, can make you more effective and efficient in trial. It used to be a major strategic consideration whether to use TrialDirector and risk appearing as though you were spending too much money, or had very deep pockets as a defendant. Now, there is

Stop Relying on Generational Categories

July 19th, 2021|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: I often hear questions such as, “Do I want Millennials on my jury?” or “Are Boomers likely to be more conservative on damages?” This focus on the attributes of these generational groupings is part of larger fixation on the categories we can see during voir dire: age, race, income, etcetera. But one thing I’ve found is that the more experienced one is in selecting juries, the less fixated they are on demographics, and the more fixated they are on attitudes, beliefs, and experiences. And it is becoming increasingly clear that, like other demographic traits, generational labels

Embrace Hybrid Trial Preparation

July 15th, 2021|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: During the past year or so, when clients have scheduled witness meetings or focus group and mock trial research, we will at some point get to the common question: “So, are we doing this in person or online?” Increasingly, it feels like the answer to that question ought to be “Yes.” Now that fear of the pandemic is becoming less of a motivation for online work, ease and effectiveness is stepping up to be the alternate motivator. In the same way that many of the in-person meetings and phone calls of years past have become Zoom

Exude Competence

July 15th, 2021|2's Company - Magnus Insights|

Many years ago, when I was working for another trial consultant, one of the clients spoke to my boss and told her that I “exuded competence.” The boss was happy to hear this and to tell me. I took it as a high compliment because it reinforced my goal of doing what I say I’m going to do. I was glad someone noticed. This has always been my objective – to get the job done, to ensure clients, whether it was back in my days as a photographer, or today as a trial consultant, know the service I or