| Kenneth
Broda-Bahm, Ph.D.
Senior Litigation Consultant
Experience
Ken Broda-Bahm has been an active litigation consultant for the past thirteen 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 seventeen other countries.
Selected Publications and Presentations
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. (2006). Mocking Corporate
America: The State of Anti-Corporate Bias and the State-of-the-Art
Mock Trial. Holland & Hart, Colorado.
Broda-Bahm, K. (2006). Technology in
the Courtroom. NITA Presentation, Colorado.
Broda-Bahm, K. (2006). Preparing for
Deposition Testimony: Communicating to Win. Northwest Physicians
Mutual, Litigation Education Retreat, Eugene, Oregon.
Broda-Bahm, K. (2006). The Art and Science
of Legal Persuasion. University of Colorado School of Law,
Boulder, Colorado.
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 White Paper.
Broda-Bahm, K. (2005). Jury Selection
in Nursing Home Cases. Presented as part of the ATLA Education
Series, Fort Lauderdale, Florida.
Broda-Bahm, K. (2005). The Top 5 Nursing
Home Defense Tactics and How to Defuse Them. Presented as
part of the ATLA Teleseminar Series.
Broda-Bahm, K. (2004). Furthering Graduate
Education in Trial Consulting: A Workshop Based Approach.
Presented to the 2004 ASTC National Conference, Memphis, Tennessee.
Broda-Bahm, K. (2004). The Art (and a Little Science) of Legal Persuasion. University of Denver School of Law, Denver, CO.
Broda-Bahm, K. (2004). Preparing Your
Witness For Deposition. Lorman Educational Services, Denver,
Colorado.
Broda-Bahm ,K. (2004). 'Your Counterfactual
Strategy: How You Can Influence Jurors Thoughts About ‘What
Might Have Been,’ Court Call, 20:1.
Broda-Bahm, K. (2004). Leadership:
Perspectives and Process. Rocky Mountain Paralegal Association,
Denver, Colorado.
Broda-Bahm, K. (2004). Successful Persuasion
in Team Settings. Holland & Hart Staff Retreat, Cheyenne,
Wyoming.
Broda-Bahm, K. & Kempf, D. (2004). Audience
and Argument: A Practical Guide to Public Debate. New York:
International Debate Education Association.
Broda-Bahm, K & Schwartz, S. (2003). Those
Who Might Have Served: The Attitudes of Excused Venire Members at
the Baltimore County Circuit Court. Paper presented to the
annual meeting of the American Society of Trial Consultants, Reno,
Nevada.
Broda-Bahm, K. (2003). The Wise, Wary,
and Economical use of Litigation Consultants. Presentation
for the annual meeting of the Defense Lawyers Association of Wyoming,
Thermopolis, Wyoming.
Broda-Bahm, K. (2003). Effective One-on-one
and Small Group Communication: "Presenting" in "Non-presentational"
Settings. Holland & Hart Para-Legal Retreat, Colorado
Springs, Colorado
Broda-Bahm, K, & Broda-Bahm, C. (2003). Advocacy
Skills for the Favela Community Mediator. Presentation for
Agentes de Derietos, Balcao, Rio de Janiero, Brazil.
Broda-Bahm, K. & Locke, T. (2003). Effective
Jury Selection. Holland & Hart Trial Advocacy Institute,
Copper Mountain, Colorado.
Broda-Bahm, K. (2003). Training Argumentation
in Legal Settings. International Debate Education Association
Conference, Dubrovnik, Croatia.
Broda-Bahm, K., Lisko, K., & Spiecker, S. (2003). The
Anti-Corporate Juror: Lessons Learned for a Post-Enron Age.
Holland & Hart, Denver, Colorado.
Broda-Bahm, K. (2003). The Wise, Wary,
and Economical use of Litigation Consultants. Presentation
for the annual meeting of the Defense Lawyers Association of Wyoming.
Broda-Bahm, K. (January, 2003). Issue
Analysis and Research for Public Advocacy. Presentation for
Roma Versitas, Skopje, Macedonia.
Broda-Bahm, K., et al., (July, 2002). The
United States Should Support an International Criminal Court.
A public debate presented for SEEYLI, U.S. Department of State,
Educational and Cultural Affairs, Towson, Maryland.
Broda-Bahm, K. (October, 2002). Advocacy
on Behalf of Roma Issues: Choosing Your Words, Presenting Your Message.
Presentation, Central European University, Budapest, Hungary.
Broda-Bahm, K. (2002). (Editor, Contributor). Perspectives
in Controversy: Selected Essays from Contemporary Argumentation
and Debate. New York: International Debate Education Association.
Broda-Bahm, K. (November, 2001). Arguments
on What Might Have Been: An Observational Analysis of Counterfactual
Advocacy Among Mock Jurors in Deliberative and Focus-Group Settings.
Paper Presented at the Annual Convention of the National Communication
Association, Seattle, WA.
Broda-Bahm, K. (August, 2000). Cross-Examination
Strategies. Presentation for the International Debate Education
Association, Ustron, Poland.
Broda-Bahm, K. (May, 2000). Presentational
Speaking: A Few Suggestions. Presentation for physicians,
Ortho-McNeil Pharmaceutical.
Broda-Bahm, K. (1999). A Counterfactual
Theory of Fiat. Contemporary Argumentation and Debate, 20:
1-23.
Broda-Bahm, K. (Spring, 1999). Finding
Protection in Definition: The Quest for “Environmental Security.
Argumentation and Advocacy: The Journal of the American Forensic
Association, 35: 159-170.
Broda-Bahm, K. (June, 1999). Using
Mock Trial Effectively: Teaching the Teachers. Presentation
for Informal Education Debate Center, Druskinini, Lithuania.
Broda-Bahm, K. (July, 1999). Communication
Perspectives on Law: The American Experience. Presentation
for the International Debate Education Association, Veli Losinj,
Croatia.
Broda-Bahm, K. (July, 1998). Mock Trial
as a Tool for Teaching Advocacy. Presentation for Open Society
Institute, Borovets, Bulgaria.
Broda-Bahm, K. (December, 1997). Reasoning
With Your Audience. Presentation for Fondation Connaisance
et Liberte, Port Au Prince, Haiti.
Broda-Bahm, K. (June, 1997). Building
Arguments Through Cross Examination. Presentation for Open
Communication, Jabuka, Serbia.
Bahm, K. (1993). Law, Language, and
Sex-Difference: A Study of Language Use by Female and Male Attorneys
in Criminal Trials in the United States. Dissertation. Southern
Illinois University, Carbondale.
Professional Activities
• Immediate Past-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
Education
Southern Illinois University, Carbondale (Ph.D., Speech Communication),
1993
Western Washington University (M.A., Speech Communication), 1986
Western Washington University (B.A., Political Science), 1984
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