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Monthly Archives: October 2021

Testimony Mode: Note the Tradeoff Between Information Density and Juror Sensitivity, by Dr.  Ken Broda-Bahm, Persuasive Litigator™

24 Sunday Oct 2021

Posted by Celia C. Elwell, RP in Jury Persuasion, Trial Tips and Techniques

≈ Comments Off on Testimony Mode: Note the Tradeoff Between Information Density and Juror Sensitivity, by Dr.  Ken Broda-Bahm, Persuasive Litigator™

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Jury Persuasion, Trial Tips & Techniques

No one must tell us that Covid has changed our society in multiple ways that continue to evolve.  Attitudes and attention spans are not the same.

Given these changes, how does a trial lawyer decide what information must be impressed upon a jury and what is the best way to do it? How do you avoid juror boredom? I have seen jurors fall asleep while an attorney questioned a witness using extensive legalese. By the time the lawyer asked the question, he had lost the jury’s attention. He mentally wore them out.

Dr. Broda-Bahm is an experienced litigation consultant. I admit that I am a fan of his blog.  When I saw this post, it reminded me of my experiences watching the jury’s reactions throughout trial. What causes jury information overload? What is a clear and concise way to present complex or unfamiliar legal issues to a jury? What changes should you make to trial strategy to address changes in jury’s attitudes and reactions?

This post addresses those questions. I encourage you to note the “Other Posts on Testimony” at the end of his post, which reference more posts on this topic. – CCE

Testimony Mode: Note the Tradeoff Between Information Density and Juror Sensitivity

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