Ken Broda-Bahm, Ph.D.
Senior Litigation Consultant

Experience
Ken Broda-Bahm has been an active litigation consultant for the past 15 years and is a past-President of the American Society of Trial Consultants. With a doctorate in speech communication emphasizing the areas of rhetoric and legal communication, he has provided research and advice on a variety of plaintiff and defense cases relating to personal injury, malpractice, natural resources, contracts, employment, criminal and product liability, and capital defense. He is experienced in assisting jury selection, preparing witnesses, designing and evaluating mock trial and focus group research as well as in evaluating the results of venire surveys and conducting post-trial juror interviews.

As a former Associate Professor of Communication Studies at Towson University in Maryland, Dr. Broda-Bahm has extensive experience teaching courses including legal communication, communication research, public speaking, persuasion, argumentation, and advocacy. Having authored two books on public argument, he brings experience and perspective to the task of improving communication effectiveness in both simple and complex cases.

Dr. Broda-Bahm has designed and led seminars on communication, argument, and persuasive strategy across the United States as well as in 18 other countries.

Professional Activities
• Former President, American Society of Trial Consultants

• Board of Directors, International Debate Education Association, USA

• Curriculum Planner, Trial Consulting Certificate Program, Towson University, Maryland

• Chair, Certification Task Force, American Society of Trial Consultants

• Member, Professional Liaison Committee, American Society of Trial Consultants

• Member, Communication and Law Commission of National Communication Association

• Member, American Forensic Association

• Trainer, International Advocacy Program, Open Society Institute

• Editor, Contemporary Argumentation and Debate

Selected Publications

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?" Inside Counsel.

Broda-Bahm (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.  "Arbitration v. Jury Trial: What is the Real Difference?" Inside Counsel, September 2007.

Broda-Bahm, K., Boully, K., Spotting, and Persuading, Anti-Corporate Jurors: Their Bias Takes Many Forms Calling for a Nuanced Approach. The National Law Journal, Feb. 2, 2007.

Broda-Bahm, K; Lisko, L.; Spiecker, S. (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 Speaking Engagements

"More Angry, More Cynical, or Just Numb? The Recession's Effect on Juror Anti-Corporate Bias" Presentation at Holland & Hart LLP, Denver, Colorado (2010).

"Jurors and Anti-Corporate Bias: The Employment Context" Presentation at Holland & Hart LLP, Denver, Colorado (2010).

"Legal Persuasion in Seven Steps" Presentation at the CU Intercession Trial Advocacy Program, Denver, Colorado (2010).

"Name Your Poison: Choosing Between Judge, Jury and Arbitrator" Presentation to the American Inns of Court, Denver, Colorado (2009).

"Legal Persuasion in Seven Steps" Presentation at CU Intercession Trial Advocacy Program, Denver, Colorado (2009).

"Building the Persuasive Construction Case: How to Tailor Your Theme of the Case for Arbitrators, Judges & Juries" Presentation at the Construction SuperConference, San Francisco, California (2008).

"Techniques on Effective Witness Interviews and Trial Preparation" Presentation to the Colorado Bar Association, Denver, Colorado (2008).

"What is the Real Difference? Arbitration v. Jury Trial" Presentation at the International Legal Network Regional Meeting of the Americas, Las Vegas, Nevada (2008).

"Jury Bias in Action:  A New Framework for Winning Your Client's Case" Presentation to the American Association for Justice Annual Convention (2008).

"Juror Characteristics, Selecting Jurors and Persuading Jurors" Presentation to the Idaho State Bar Association, Litigation Section, Boise, Idaho (2008).

"Preparing the Company Witness for Deposition or Trial" Presentation at the Employment Law Update 2008, Holland & Hart, Denver, Colorado (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, Illinois (2008).

"Anti-Corporate Bias in Employment Contexts" Presentation to the Society of Human Resource Professionals, Utah Chapter, Salt Lake City, Utah (2008).

"Grabbing a Jury and Keeping 'Em" Presentation to the ABA Employment Rights and Responsibilities Committee, Midwinter Meeting, Dana Point, California (2008)

"The Art and Science of Jury Persuasion" University of Colorado School of Law, Boulder, Colorado (2008).

"Courtroom Technology" National Institute for Trial Advocacy (2007).

"The Art (and a Little Science) of Jury Persuasion" National Institute for Trial Advocacy (2007).

"Is The Jury Still Out or Are the Arbitrators All In?" Holland & Hart, Denver, Colorado (2007).

"Sealing the Deal:  The Persuasive Closing Argument" National Institute for Trial Advocacy (2007).

"The Art (and a Little Science) of Jury Persuasion" University of Colorado School of Law, Boulder, Colorado (2007).

"Mocking Corporate American:  The State of Anti-Corporate Bias and the State-of-the-Art Mock Trial" Holland & Hart, Salt Lake City, Utah (2007).

"Mocking Corporate America:  The State of Anti- Corporate Bias and the State-of-the-Art Mock Trial" Holland & Hart, Colorado (2006).

"Technology in the Courtroom" NITA Presentation, Colorado (2006).

"Preparing for Deposition Testimony:  Communicating to Win" Northwest Physicians Mutual, Litigation Education Retreat, Eugene, Oregon (2006)

"The Art and Science of Legal Persuasion" University of Colorado School of Law, Boulder, Colorado (2006)

"Jury Selection in Nursing Home Cases" Presented as part of the ATLA Education Series, Fort Lauderdale, Florida (2005)

"The Top 5 Nursing Home Defense Tactics and How to Defuse Them" Presented at the ATLA Teleseminar Series (2005)

"Furthering Graduate Education in Trial Consulting:  A Workshop Based Approach" Presented to the 2004 ASTC National Conference, Memphis, Tennessee (2004)

"The Art (and a Little Science) of Legal Persuasion" University of Denver School of Law, Denver, Colorado (2004)

"Preparing Your Witness for Deposition" Lorman Educational Services, Denver, Colorado (2004).

Education
Southern Illinois University, Carbondale (Ph.D. 1993)
- Speech Communication

Western Washington University (M.A. 1986)
- Speech Communication

Western Washington University (B.A. 1984)
- Political Science