Ken Broda-Bahm, Ph.D.

Dr. Ken Broda-Bahm has provided research and strategic advice on several hundred cases across the country for the past 21 years, applying a doctorate in communication emphasizing the areas of legal persuasion and rhetoric. As a tenured Associate Professor of Communication Studies, Dr. Broda-Bahm has taught courses including legal communication, argumentation, persuasion, and research methods. He has trained and consulted in 19 countries around the world and is Past President of the American Society of Trial Consultants.

REPRESENTATIVE EXPERIENCE

Dr. Broda-Bahm provided a full spectrum of services on an agricultural products liability bellwether and a follow-up trial associated with property damage in 2008 – 2009. The services included focus groups, venue comparisons, community attitude surveys, mock trial, graphics recommendations, opening statement strategy and messaging, preparation of more than two dozen witnesses, a shadow jury, a recommended closing argument outline and juror post-trial interviews. The case ended in a bellwether verdict in our clients' favor followed by a settlement of all remaining cases.

Dr. Broda-Bahm has provided frequent on-call assistance in a wide range of employment arbitrations for several large transportation companies based in Denver. His involvement is aimed at enhancing the message and improving arbitration outcomes by providing strategic advice, developing a case theme and opening statement recommendations, helping witnesses testify effectively, creating cross-examination plans for adverse witnesses, and advising on persuasive demonstrative exhibits.

EDUCATION

Doctor of Philosophy, Speech Communication – Southern Illinois University, Carbondale, Illinois, 1993. Emphasis on Language, Legal Communication, Rhetoric, and Critical Theory.
Master of Arts, Speech Communication – Western Washington University, Bellingham Washington, 1986. Emphasis on Argumentation and Language.
Bachelor of Arts, Political Science – Western Washington University, Bellingham, Washington, 1984. Emphasis on Public Administration.

MEMBERSHIPS AND AFFILIATIONS

American Society of Trial Consultants – 1994 to present
American Society of Trial Consultants, President – 2007
International Debate Education Association, U.S.A., Board Member – 2000 - 2005
Contemporary Argumentation and Debate, Editor – 2001-2003
American Bar Association – 2004 to present
The Red Well (Blog Aggregator for Views on Legal Persuasion) – 2011 to present

SELECTED PUBLICATIONS

Broda-Bahm, K. (Bi-weekly- since 2011). Persuasive Litigator (www.persuasivelitigator.com). Publication of practice-oriented and research-based blog posts.
Broda-Bahm, K. (January, 2019). Encourage Your Jurors to Think Like a Scientist. Inside Medical Liability.
Broda-Bahm, K. (2018). Respect Juror’s Declaration of Independence. White paper published by Lorman.
Broda-Bahm, K. (2018). Know Your Venue: Polling Still Works. White paper published by Lorman.
Broda-Bahm, K. (2018). Account for Social Exclusion in Employment and Whistle-blower Cases. White paper published by Lorman.
Broda-Bahm, K. (2018). Discovering Bias: Dig, Don’t Bury. White paper published by Lorman.
Broda-Bahm, K. (2018). Female Attorneys: Don’t Expect Anger to Work (as Well) for You. Attorney Journal: San Diego.
Broda-Bahm, K. (June, 2018). Reduce Uncertainty by Taking Your Trial Venue’s Temperature: The Role of a Community Attitude Survey. Civil Jury Project.
Broda-Bahm, K., Boully, K.R., Spiecker, S.C. (November, 2017). Jury Persuasion in an ‘Alt- Fact’ World. Law360.
Broda-Bahm, K., Cave, B. (April, 2016). Understand the Whistleblower (and prevent retaliation claims). Wyoming Employment Law Letter.
Broda-Bahm, K. (February, 2014). The Psychology of a Persuasive Settlement. The Jury Expert.
Broda-Bahm, K. (2013). Taming the Reptile. The Jury Expert.
Broda-Bahm, K. Cohen, L.,Heerman, M. (September, 2013). Defending Medical Device Companies in an Era of Distrust. For the Defense.
Broda-Bahm, K. (February, 2013). The Better Teacher: Be an Expert at Testifying and Not Just a Testifying Expert. Persuasion Strategies.
Broda-Bahm, K. (2012). Primary Author of Persuasive Litigator Blog, an ABA Blawg 100 publication with more than 200 posts focusing on psychological and communications research as it relates to practical litigation skills: www.persuasivelitigator.com.
Broda-Bahm, K. (April, 2012). Turn Interruptions into Opportunities: Oral Arguments Before a ‘Hot Bench’. Persuasion Strategies.
Broda-Bahm, K. (April, 2012). Show, Don’t Just Tell: The Persuasion Strategies Visual Persuasion Study. Persuasion Strategies.
Broda-Bahm, K. (2011). The New ABC’s of Product Defense: A Large-Scale Online Mock Trial Experiment Sheds Light on the Practical Needs of Manufacturers in Litigation. Persuasion Strategies.
Broda-Bahm, K., Boully, K.R., Lisko, K.O., Spiecker, S.C. (September, 2009). Corporate America in Lean Times: Do Today’s Jurors Have Shallow Sympathy for Deep Pockets? InsideCounsel.
Broda-Bahm, K. (April, 2009). Your Juror’s Generation is a Clue, But Not a Verdict. The Jury Expert.
Broda-Bahm, K., Boully, K.R., Lisko, K.O., Spiecker, S.C. (September, 2008). Are Judges Becoming More Like Jurors? InsideCounsel.
Broda-Bahm, K. (July, 2008). Getting Beyond the Catchy Phrase and Creating a Trial Theme That Truly Works. The Jury Expert.
Broda-Bahm, K., Boully, K.R., Lisko, K.O., Spiecker, S.C. (September, 2007). Arbitration v. Jury Trial: What is the Real Difference? InsideCounsel.
Broda-Bahm, K., Boully, K.R. (February, 2007). Spotting and Persuading Anti-Corporate Jurors: Their Bias Takes Many Forms Calling for a Nuanced Approach. The National Law Journal.
Broda-Bahm, K., Boully, K.R., Lisko, K.O., Spiecker, S.C. (July, 2006). Anti-Corporate Bias is a Given, but Corporations Should Not Give up on the Courtroom. Persuasion Strategies.
Broda-Bahm, K., Boully, K.R., Lisko, K.O., Spiecker, S.C. (August, 2006). Mocking Corporate America. InsideCounsel.
Broda-Bahm, K., Spiecker, S.C. (November, 2005). Jurors in Red and Blue America. Corporate Legal Times.
Broda-Bahm, K. (2005). Corporate Defense in a Skeptical Age: A Model for Crafting Your Message. A Persuasion Strategies Perspective.
Broda-Bahm, K. (2004). Your Counterfactual Strategy: How You Can Influence Jurors Thoughts About What Might Have Been. Court Call.

SELECTED PRESENTATIONS

Broda-Bahm, K. (September, 2018). Assessing the Reptile Within Your Case. Presentation to CNA in Chicago, IL.
Broda-Bahm, K. (July, 2018). Jury Bias in an “Alt-Fact World”. Presentation at NYPTI Conference, Syracuse, NY.
Broda-Bahm, K., Loidolt, C.M. (June, 2018). Striking Back Against the Reptile in Medical Malpractice and Long-Term Care Cases. Presentation at DRI Seminar, Chicago, IL.
Broda-Bahm, K. (March, 2018). Preparing Your Empowered Witness. Presentation at DRI Seminar, San Diego, CA.
Broda-Bahm, K. (January, 2018). Trial Persuasion in an “Alt-Fact World.” Presentation to Inns of Court, Boise, ID.
Broda-Bahm, K., Boully, Kevin R. (October, 2017). Trial Persuasion in an “Alt-Fact World.” Presentation to the American College of Trial Lawyers in Sun Valley, ID.
Broda-Bahm, K., Spiecker, S.C. (September, 2017). Trial Persuasion in an “Alt-Fact World.” Presentation to a large law firm in Dallas, TX.
Broda-Bahm, K. (March, 2017). Expect (but Don’t Accept) a Little Bias in the Courtroom: A Consultant’s Advice to the Female Trial Lawyer. Presentation to Maryland Association for Justice, Baltimore, MD.
Broda-Bahm, K. (August, 2016). Strategies for Persuading Decision Makers: Creative Uses of “Jury” Research. Presentation to Baxter Medical Products, Chicago, IL.
Broda-Bahm, K. (March, 2016). Dealing with the Reptile-Theory Plaintiff. Presentation to the Association of Ski Defense Attorneys, Big Sky, MT.
Broda-Bahm, K. (February, 2016). Why Conduct Pretrial Research in Your Brain Injury Case? Presentation to Utah Association for Justice, Salt Lake City, UT.
Broda-Bahm, K., Miller, P., Davis, C. (September, 2015). How Paralegals Can Work with Litigation Consultants and Graphics Professionals for Trial Preparation. Presentation to Rocky Mountain Paralegal Association, Denver, CO.
Broda-Bahm, K., Spiecker, S.C, Boully, K.R. (October, 2015). What is the Real Difference? Arbitration v. The Jury Trial. Presentation to large construction company in Reston, VA.
Broda-Bahm, K., Spiecker,S.C. (July, 2015). Anti-Corporate Bias and Antidotes in the Litigation Process. Presentation to Defense Lawyer Association of Wyoming, Cheyenne, WY.
Broda-Bahm, K. (July, 2015). Mock Trials: The “How’s” and “Why’s” of Conducting Pretrial Research in Your Case. Presentation to prominent law firm in Salt Lake City, UT.
Broda-Bahm, K. (February, 2015). Creative Uses of Jury Research in Patent Cases and Lessons Learned. Presentation to the 59th Annual Intellectual Property Conference, Chicago, IL.
Broda-Bahm, K. (January, 2014). Legal Persuasion in Eight Steps. Presentation to CU Intercession, Boulder, CO.
Broda-Bahm, K. (July, 2013). Taming the Reptile – A Doctor – Defense Response to the Plaintiffs Revolution. Presentation to a legal summit, Napa, CA.
Broda-Bahm, K. (April, 2013). Effective Presentation of Expert Witness Testimony. Presentation to SEAK 2013 Expert Witness Conference. Chicago, IL.
Broda-Bahm, K. (September, 2012). Pick Your Poison: Choosing Between Judge, Jury and Arbitrator in Employment Cases. Presentation to ELU in Denver, CO.
Broda-Bahm, K., Boully, K.R. (January, 2012). When the Government Litigates: Idaho and National Views in Jury, Judge, and Arbitration Settings. Presentation at the Idaho Department of Transportation CLE, Boise, ID.
Broda-Bahm, K. (January, 2012). Legal Persuasion in Seven Steps. Presentation to University of Colorado Intercession Trial Advocacy, Boulder, CO.
Broda-Bahm, K., Lisko, K.O. (December, 2011). Using Attitudinal Research in Drug & Medical Device Defense. Presentation to the ACI Drug & Medical Device Conference in New York City, NY.
Broda-Bahm, K. (October, 2011). Getting to What Matters in Oral Voir Dire. Presentation to Kennedy Childs PC Association and Shareholders, Vail, CO.
Broda-Bahm, K. (October, 2011). The Role of the Modern Trial Consultant. Presentation at the University of Denver Sturm College of Law, Denver, CO.
Broda-Bahm, K. (September, 2011). Measuring and Mitigating Juror Anti-Corporate Bias. Presentation to prominent medical device company. Minnetonka Beach, MN.
Broda-Bahm, K. (2011). Corporate America in Lean Times in Employment Litigation. Presentation to Employers Counsel Network, Denver, CO.
Broda-Bahm, K. (2009). Name Your Poison: Choosing Between Judge, Jury and Arbitrator. Presentation to the American Inns of Court, Denver, CO.
Broda-Bahm, K. (2008). Building the Persuasive Construction Case: How to Tailor Your Theme of the Case for Arbitrators, Judges & Juries. Presentation at the Construction SuperConference, San Francisco, CA.
Broda-Bahm, K. (2008).Techniques on Effective Witness Interviews and Trial Preparation. Presentation to the Colorado Bar Association, Denver, CO.
Broda-Bahm, K. (2008). What is the Real Difference? Arbitration v. Jury Trial. Presentation at the International Legal Network Regional Meeting of the Americas, Las Vegas, NV.
Broda-Bahm, K. (2008). Jury Bias in Action: A New Framework for Winning Your Client’s Case. Presentation to the American Association for Justice Annual Convention.
Broda-Bahm, K. (2008). Juror Characteristics, Selecting Jurors and Persuading Jurors. Presentation to the Idaho State Bar Association, Litigation Section, Boise, ID.
Broda-Bahm, K. (2008). Hating Corporate America: Measuring the Forms & Effects of Anti- Corporate Juror Bias. Presentation at the American Society of Trial Consultant’s 27th Annual Conference, Chicago, IL.
Broda-Bahm, K. (2008). Anti-Corporate Bias in Employment Contexts. Presentation to the Society of Human Resource Professionals, Utah Chapter, Salt Lake City, UT.

Persuasion Strategies Team