Keep Your Cool in the Courtroom
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 […]
If It Ain’t Broke, and You Fix It, Take Care with What the Jury Learns About It
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 […]
Trial Graphics and PowerPoint
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,
Take Responsibility (Without Conceding Liability)
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 […]
2024 Litigation Resolutions for All Litigators
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
10 Reasons You Should Have a Mock Trial and 10 Reasons You Shouldn't
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