tag:typepad.com,2003:weblog-1844389 2012-02-16T10:34:14-07:00 TypePad tag:typepad.com,2003:post-6a01156e439be2970c016301637f19970d 2012-02-16T10:34:14-07:00 2012-02-16T09:12:13-07:00

By Dr. Ken Broda-Bahm: Effective legal persuasion requires both show and tell. No one -- not jurors, judges, or arbitrators -- like presentation that is just a talking head. We know from our own experience and research that using graphic designers to develop effective demonstrative exhibits is a way to improve comphehension, help you appear more credible than the other side, and make the key points more memorable. But our research has also shown that it isn't just the graphics, it is the way you use them that matters. We tend to think of graphics as being either static (boards...

Persuasion Strategies tag:typepad.com,2003:post-6a01156e439be2970c01630130a553970d 2012-02-13T10:46:39-07:00 2012-02-13T17:20:16-07:00

By Dr. Ken Broda-Bahm: A Google search on the phrase "no comment" appearing in recent news yields thousands of hits -- various individuals and organizations responding in time-honored fashion to some sort of crisis. Recently, for example, after CNN Analyst Roland Martin had his finger too close to the Tweet button during the Super Bowl and broadcast a homophobic response to David Beckham's underwear advertisements, the network responded to mounting cricitism and petitions with "no comment" for several days before ultimately suspending Martin. While careful decisions can require delay, the problem in a sustained "no comment" approach is that the...

Persuasion Strategies tag:typepad.com,2003:post-6a01156e439be2970c016761fcc1da970b 2012-02-09T09:45:48-07:00 2012-02-09T09:51:33-07:00

By Dr. Ken Broda-Bahm: Perceptions can be tricky. Take the picture above for example: If you'll do something right now, I promise that you'll be amazed. Stand up from in front of your monitor and step back about 15 feet from the computer, and you'll see Albert Einstein turn into Marilyn Monroe. Seriously! The image doesn't change of course, but with the right distance your perception of it will suddenly shift. I found perception playing a similarly important role in my work the other day. A client had asked me for an opinion on choice of venue. He had the option of three different counties: two were suburban with a high Republican population, and the third was urban with more registered Democrats. A plaintiff in this case, the client asked if it was true that the more urban venue would be better for him. My answer was, based on our data and experience, it is true. But then my perspective suddenly shifted, and I realized that in a larger sense, it doesn't really matter if it is true because it is generally perceived to be true. That might sound cynical, but what I mean is if this case is like the close to 98 percent of cases that settle before trial, then the perceived characteristics of the venue will matter far more than the actual characteristics of the venue. Siting the case in the perceived pro-plaintiff venue will serve as better leverage for a good settlement. Taking a look at the notion that when it comes to bad venues and cases that settle, perception is reality, this post offers some recommendations for looking at your venue with new eyes.

Persuasion Strategies tag:typepad.com,2003:post-6a01156e439be2970c0168e69cd2a5970c 2012-02-06T10:00:41-07:00 2012-02-06T10:00:41-07:00

By Dr. Ken Broda-Bahm: Sometimes the bandwagon isn't a bad place to be. If your case embraces what is likely to be the popular position (e.g., the big company is to blame or the accused is guilty), then a tidal wave of opinion reaching a swift conclusion, and sweeping the doubters along in its wake, might seem like a pretty good thing. But lawyers often find themselves on the opposite side of that dynamic. In the toughest cases, your preferred verdict will rely on jurors exercising their own independent judgment long enough to consider the unpopular view and avoid being...

Persuasion Strategies tag:typepad.com,2003:post-6a01156e439be2970c01630085240c970d 2012-02-02T09:44:26-07:00 2012-02-02T09:44:26-07:00

By Dr. Ken Broda-Bahm and Dr. Kevin Boully: The first bellwether case in Toyota's "Unintended Vehicle Acceleration" litigation has just been selected by a judge in California. To some, that may come as a surprise, since it might have been assumed that these cases would have deflated after the National Highway Traffic Safety Administration (NHTSA) concluded a year ago that there is no electronics-based cause. Then, just last week, an exhaustive investigation by the National Academy of Sciences again failed to find a causal link between vehicle electronic throttle-control and sudden acceleration. Yet still, it appears, the cases have continued...

Persuasion Strategies