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Your Trial Message

Our blog contains timely information and practical tips on legal persuasion spanning pretrial and trial phases, for jury, bench, and arbitration settings.

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September 15, 2026
Counter-Rehabilitate: 6 Ways to Make Your Cause Challenge Stick
By Dr. Ken Broda-Bahm: Every attorney who has conducted voir dire has likely lived through this scenario: After carefully and comprehensively developing a clear reason why a...
August 19, 2026
Defendants, Anchor Meaningfully
By Dr. Ken Broda-Bahm: (Shared from The Pulse, Holland & Hart LLP) It has become common lore that a civil defendant can reduce damages from what they otherwise would have been by...
August 10, 2026
Are Judges Making it Harder or Easier for Jurors to Admit Bias?
By Dr. Ken Broda-Bahm: My experience says “harder,” and that experience is reinforced to some extent, but also challenged to some extent, by an analysis conducted by researchers...
August 10, 2026
Can You Reliably Ask Jurors Not to Be Biased? Not Really
By Dr. Ken Broda-Bahm: (Shared from The Pulse) Courts have somewhat recently discovered the concept of implicit bias, or the existence of deeply embedded preferences that can...
April 29, 2026
Don’t Just Ask IF a Potential Juror Can “Set Aside” Bias, Ask Them HOW They’ll Do It
By Dr. Ken Broda-Bahm: In a recent jury selection — and, pretty much, in every jury selection — I have watched as several on the panel would share various connections, attitudes...
March 24, 2026
Account for a Partisan Frame on a Corporate Scandal
By Dr. Ken Broda-Bahm: In a Los Angeles Civil trial, jurors recently heard arguments over whether some of the largest and most powerful companies in the world engaged in a secret...
March 03, 2026
Expect Justice to be Served Online as Well
By Dr. Ken Broda-Bahm: As the world’s main social media companies are in a California courtroom for a bellwether trial to contest claims that they are facilitating online...
February 17, 2026
Defendants, Look Out for Anti-Corporate Conspiracists on Your Jury
By Dr. Ava Zwolinski and Dr. Ken Broda-Bahm: Americans have long viewed large organizations, both governmental and corporate, with considerable skepticism. In civil litigation...
January 27, 2026
Don’t Reduce Jurors to Their Political Identities (But Don’t Ignore It Either)
By Dr. Ken Broda-Bahm: Whether we are talking about Minnesota or Greenland, or a score of other contested narratives within the field of political conflict, the role of a person’s...
January 13, 2026
Defense, Tell a Story on Damages
By Dr. Ken Broda-Bahm: When it comes to persuasive courtroom communication, there is a three-word piece of advice that is drilled into the marrow of every experienced litigator...
November 04, 2025
Keep Your Jurors (and Mock Jurors) Human
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...
October 27, 2025
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...
October 20, 2025
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...
October 07, 2025
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...
September 30, 2025
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...
September 03, 2025
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...
August 05, 2025
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...
July 22, 2025
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...
July 15, 2025
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...
June 30, 2025
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...
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