Show (a Little) Facial Expression in Court
By Dr. Ken Broda-Bahm: It is common advice for witnesses in the courtroom or representatives at counsel table: keep a poker face. That advice — avoid scowls, grimaces, and other head-shaking reactions while you’re being observed by a jury — has some obvious common sense behind it. But the advice can also be taken to […]
Show (a Little) Facial Expression in Court
By Dr. Ken Broda-Bahm: It is common advice for witnesses in the courtroom or representatives at counsel table: keep a poker face. That advice — avoid scowls, grimaces, and other head-shaking reactions while you’re being observed by a jury — has some obvious common sense behind it. But the advice can also be taken to […]
5 Alternatives to Persuasion Killing Bullet Points From Our Litigation Consultants
Bullet points undermine persuasion. Scientific evidence supports this, and my colleagues and I have consistently emphasized this over the past 15 years in this blog through articles such as: 12 Reasons Bullet Points Are Bad (in Trial Graphics or Anywhere) The 12 Worst PowerPoint Mistakes Litigators Make Don't Use PowerPoint as a Crutch in Trial or Anywhere Why Reading Your Litigation PowerPoint Slides Hurts Jurors 5 Ways to Maximize Persuasion During Opening Statements - Part 4 12 Ways to SUCCESSFULLY Combine Oral and Visual Presentations Powerful PowerPoint Presentation Tips: Ditch the Bullet Points! Still Think Persuasion is About Talking While
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 […]
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