By Dr. Ken Broda-Bahm: The courtroom had all the usual elements: oak paneling, parties, a judge, a jury box, a flag. Only in the jury box, instead of live human jurors, there were three large digital monitors on which appeared
Your Trial Message
Your Trial Message is a publisher focused on trial advocacy and litigation strategy, providing insights primarily related to jury trials and courtroom dynamics. The content often explores topics such as jury selection, juror behavior, trial storytelling, and the role of evidence and reasoning in dispute resolution. The publisher addresses practical aspects of trial preparation, including voir dire techniques, juror assessment, and the influence of regulatory credibility in civil litigation. The material is authored by experts like Dr. Ken Broda-Bahm and aims to support legal professionals in enhancing their trial presentation and decision-making processes.
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Latest from Your Trial Message - Page 2
Address the Off-Stage Character in Your Trial Story: Settlement
By Dr. Ken Broda-Bahm: Supporters of America’s traditional jury trials like the idea of a system of conflict resolution based on evidence, reasoning, and the public’s judgment. Those supporters, and I include myself in that group, believe that something is…
Have a Definite (Explicit and Quantified) Reason for Your Strikes
By Dr. Ken Broda-Bahm As counsel scans the panel of potential jurors, one might stand out based on the gut level thought: a “that guy just makes me nervous” kind of reaction. Basing your strike decisions on a “bad feeling”…
Oral Voir Dire: Know Your Purpose
By Dr. Ken Broda-Bahm: How effectively does counsel and the court question potential jurors as part of the selection process? New research in the journal Language in Society (Clayman & Fox, 2025) provides some additional perspective on that question. The two authors, coming…
Assess Regulator Credibility Within Your Trial Narrative
By Dr. Ken Broda-Bahm: Civil cases generally involve a mix of individuals and corporations. While the government can be a party, more often state or federal officials are playing an off-stage role in setting a regulatory standard that was either…
Mediate on Merits, Not Math
By Dr. Ken Broda-Bahm: It’s a familiar scenario: As the case moves toward the mediation stage, the two sides start staking out positions with an eye toward compromise. The plaintiffs make a big ask with the expectation of coming down.…
Don’t Activate a Bad Frame
By Dr. Ken Broda-Bahm: There is a well-known principle in communication circles, first expressed by cognitive scientist George Lakoff: “When we negate a frame, we evoke the frame.” It means that even when we try to deny a specific attack…
Witnesses, Remember Confidence is a Behavior
By Dr. Ken Broda-Bahm: Testifying, whether in a deposition or in trial, can feel pretty threatening. Particularly if you’re a named defendant in a lawsuit, you know you’re going to be the target. But even when you’re on the other…
Expect More Extreme Anti-Corporate Attitudes
By Dr. Ken Broda-Bahm: In modern times at least, corporations have not been terribly popular. However, since the murder of UnitedHealthcare’s CEO about a half a year ago in New York City, observers and the corporations themselves have been paying…
Keep Doing Your Own Writing
By Dr. Ken Broda-Bahm: I’m old enough to feel okay claiming full “curmudgeon” status when it comes to A.I. as a writing tool. I know some will say that puts me behind the times, and others will say that I’m…