By Dr. Ken Broda-Bahm: Sometimes in civil cases, the plaintiff’s liability claim is opportunistic, wishful, or factually weak. Other times, it is real. Someone didn’t do their job, a danger was missed, or — in that Olympic champion of passive-voice phrases — “mistakes were made.” In this situation, the question of whether to contest or […]
Emotional cues embedded in legal presentations can significantly influence jury perceptions and decision-making processes. By strategically incorporating elements that evoke fear, anger, empathy, or surprise, trial lawyers can capture jurors' attention and leave a lasting impact on their memory. These emotional triggers activate the amygdala, a key region of the brain associated with emotional processing, enhancing the retention of crucial information during deliberations. Effective design principles, such as color selection and dynamic visuals, can further amplify the emotional resonance of your litigation graphics. Utilizing storytelling techniques that integrate emotional elements can make facts more compelling and relatable, ultimately strengthening the
By Dr. Ken Broda-Bahm: When it comes to the delicate task of preparing a witness for deposition or trial, everyone has their own style. It is also true that every witness will have their own needs. Some know the drill already and just need to discuss the facts, while others can be uncertain, stressed, or […]
Storytelling, an age-old art form, has the remarkable ability to breathe life into dull legal cases, turning them into compelling and unforgettable stories. While you may not be able to physically illustrate a scene for the jury, you can certainly paint a vivid mental picture—and you absolutely should if you aim to enhance your powers of persuasion. The Power of Narrative in Legal Contexts Crafting a compelling narrative in legal arguments requires meticulous attention to detail that goes beyond simply presenting facts and evidence. It involves skillfully weaving together a storyline that captivates the audience, leading them on a journey
By Dr. Ken Broda-Bahm: I have long believed that persuaders of all stripes, including courtroom persuaders, can learn a lot of lessons from political communication. The dialogue over the leadership and direction of the country can be a gold mine: It’s national, it provides a wealth of examples good and bad, and — particularly recently […]
PowerPoint does funny things to people. For some, it is an amazingly accessible creative space to deliver important messages powerfully and persuasively (see Wait, Why is Powerpoint Cool Now). For others, it is a place to advertise how little they know about persuasion science. Think of this article as a fun challenge reminiscent of the games found on cereal boxes from your childhood. Your task: spot the persuasion-killing mistakes on the slide above, then compare them to the ones I've highlighted below. I've already embedded numerous persuasion pitfalls in the text, making it easier for you to identify them. Let's
By Dr. Ken Broda-Bahm: Of all the areas of legal lore, perhaps none are more loaded down with mystique than jury selection. Attorneys with long experience will develop some pretty solid views, and those habits on who they’re looking to seat and who they’re looking to strike can create a baked-in preference independent of the […]
In the fast-paced and busy year of 2024, I realize it has been quite some time since I last assessed which blog articles resonate the most with our readers. The articles garnering the most attention delve into opening statements, PowerPoint techniques, and insights on hot seaters. I've compiled a list of the most popular articles with links for easy reference. Each link is set to open in a new window to ensure a seamless reading experience. 1. 21 Secrets From an Opening Statement Guru2. 9 Hidden Skills of Trial Technicians and Hotseaters You Never Knew About3. The Top 10 Tips
By Dr. Ken Broda-Bahm: In addition to making their views known at the ballot box, citizens can similarly broadcast their sentiments in the civil jury box. While they’re asked to merely make a factual finding limited to a specific dispute, the verdicts can read as a more generalized message about their feelings about the state […]
By Dr. Ken Broda-Bahm: It has become more commonplace to hear talk about a future of litigation without peremptory strikes. After all, Arizona in 2022 was the first state to eliminate strikes in all cases, and it may not be the last. California and Washington have moved to revised schemes for exercising strikes, relying not […]