Account for a Jury’s Purpose on Damages
By Dr. Ken Broda-Bahm: Something that we see over and over again in mock trials has now occurred in an actual trial. A recent jury in Allegheny County, Pennsylvania entered a defense verdict in favor of Johnson & Johnson, answering “No” to the question of whether the company’s talc powder caused the plaintiff’s injuries… then […]
Becoming a Better Orator in the Courtroom
***Co-written by Jeffrey Jarman, Ph.D. In our two-plus decades of watching attorney presentations in the courtroom, the most consistent attorney trait we have observed is the stubborn insistence that the facts and substance are all that is needed to win the day, causing many attorneys (most often on the defense side of the case) to ignore the importance of oration and technique. The result is a boring presentation. In fact, most attorneys do not appreciate how boring their presentations are and, unfortunately, interesting but factually inaccurate presentations often prevail over the boring truth. Trial is a set of performances, and
Assess Regulator Credibility in Voir Dire
By Dr. Ken Broda-Bahm: Government regulators can often play a role in civil litigation. In some cases, they’re involved as parties. More often, however, their role is as a proxy. In those situations, jurors might look at whether the defendant followed the regulations as a shortcut to determine whether the defendant acted reasonably or not. […]
Manage ‘Underdog’ Perceptions
By Dr. Ken Broda-Bahm: There is a case currently playing out in the Southern District of New York, Major League Baseball Players Inc.,v. Underdog Sports, Inc. There is a common dynamic called out right there in the caption: One side is the “Major League” while the other side is the “Underdog.” A version of this […]
How Does Narrative Strategy Improve Trial Outcomes?
In the world of law, facts and evidence alone might not always sway a verdict. Enter narrative strategy, an approach where storytelling meets legal advocacy. In this blog, we delve into how narrative strategy can be a game-changer in trial outcomes, influencing perceptions and decisions. Understanding Narrative Strategy in the Legal Context At its core, narrative strategy in the legal field involves crafting a story from the facts of a case. This technique goes beyond the presentation of evidence, drawing jurors into a narrative they can relate to and comprehend. By engaging emotions and understanding human psychology, lawyers use narrative
Know When to Go Easy on Hardship
By Dr. Ken Broda-Bahm: Early on in the jury selection process, the judge will often ask the panel, “We all know that jury duty can be inconvenient, but who believes they would experience an unreasonable hardship by serving in this case?” Hands will shoot up. In some cases, the claims make an obvious case for […]