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LITIGATION CONSULTING

Ken Broda-Bahm

Ken Broda-Bahm, Ph.D.

Senior Litigation Consultant
303.295.8328
kbrodabahm@persuasionstrategies.com Download PDF LinkedIn

Clients preparing for litigation employ Dr. Ken Broda-Bahm’s insights into jury, judge, and arbitrator decision-making, trial and settlement, strategy, effective witness communication, and community attitudes to enhance their message before and during trial.

Ken is a respected member of the extended team for attorneys across the United States. He has earned their trust by providing timely observations on trends in legal persuasion with potential impacts to attorneys pursuing arbitration, mediation, or litigation. Dr. Broda-Bahm is the award-winning author and editor of The Online Courtroom, from ABA Press, and author of the “Your Trial Message” blog (formerly “Persuasive Litigator”), that has been recognized by the ABA Journal.

Ken’s experience with legal communication, research, and rhetoric provide a foundation to his consulting. His combination of real-world knowledge in state, federal, and appeals courtrooms can help you elevate case arguments and inform trial strategy. Ken has trained and consulted in more than 35 states across the country and 19 countries around the world.

Representative Experience

Informed Advice Throughout
  • Voir Dire
  • Community Attitude Surveys
  • Opening and Closing Statement Strategy
  • Witness Preparation
  • Arbitration and Mediation
  • Post-Trial Juror Interviews
Experienced Support Regarding
  • Employment Litigation
  • Public Entities Defense
  • Medical Negligence/Malpractice
  • White Collar Crime
  • Products Liability
  • Commercial Litigation
  • Qui Tam Litigation

Education

Southern Illinois University, Carbondale, Ph.D., Speech Communication, 1992
Emphasis on Language, Legal Communication, Rhetoric, and Critical Theory

Western Washington University, M.A., Speech Communication, 1986
Emphasis on Argumentation and Language

Western Washington University, B.A., Political Science, 1984
Emphasis on Public Administration

Memberships And Affiliations

  • American Bar Association, Member
  • American Society of Trial Consultants (ASTC), Past President (2007) and Member
  • Your Trial Message (formerly 'Persuasive Litigator') blog, Principal Author and Editor, 2011-present
  • The Red Well legal blog aggregator, Editor

Selected Publications

"How to Successfully Challenge Jurors For Cause in 5 Steps", Law360 Expert Analysis, (August, 2025), Ken Broda-Bahm
"How to Create a Unique Jury Profile for Each Case", Law360 Expert Analysis, (March, 2025), Ken Broda-Bahm
"Artfully Conceding Liability Can Offer Defendants 3 Benefits", Law360 Expert Analysis, (January, 2025), Ken Broda-Bahm
"Consider the Impact of Election Stress on Potential Jurors", Law360 Expert Analysis, (October, 2024), Ken Broda-Bahm
"7 Tips to Help Your Witness Be a Cross-Exam Heavyweight", Law360 Expert Analysis, (October, 2024), Ken Broda-Bahm
"6 Factors That Can Make For a "Nuclear" Juror", Law360 Expert Analysis, (August, 2024), Ken Broda-Bahm
"4 Steps to Repair Defense Credibility in Opening Statements", Law360 Expert Analysis, (June, 2024), Ken Broda-Bahm
"The Online Courtroom: Leveraging Remote Technology in Litigation", American Bar Association, (April, 2022), Ken Broda-Bahm, Co-Edited by Richard Gabriel; Authored by members of The Online Courtroom Project
"From Courtroom to Zoom Room: Online Persuasion", Persuasion Strategies Alert, (April, 2020), Ken Broda-Bahm, Shelley C. Spiecker
"Know Your Trial Message", The Clean Energy Wire, (September, 2019), Ken Broda-Bahm

Selected Presentations

"Nuclear Verdicts: Recent Trends, Essential Response", Holland & Hart In-House CLE, (November, 2024), Ken Broda-Bahm
"Personal Injury Juries: Overcoming Politics and Conspiracy Theories", Strafford CLE Webinar, (October, 2024), Ken Broda-Bahm
"Preparing an Empowered Witness ", Presentation to Holland & Hart, (August, 2024), Ken Broda-Bahm
"Constructing the Visual Case: Harnessing Technology for Persuasive Presentations", ABA Forum on Construction Law, (April, 2024), Ken Broda-Bahm
"Coming Up With and Communicating a Lower Damage Anchor", (October, 2023), Ken Broda-Bahm
"The Train of Public Thought: Evolving Juror Attitudes on Railroad Carriers", National Association of Railroad Trial Counsel (NARTC) Annual Convention, (July, 2023), Ken Broda-Bahm
"Changing Juror Views: Picking a Jury in 2022 and Beyond", (April, 2022), Ken Broda-Bahm
"The COVID-19 Pandemic: How Has it Changed Legal Persuasion?", TerraLex Conference, (November, 2020), Ken Broda-Bahm
"Preparing the Empowered Witness", Strafford CLE, (September, 2020), Ken Broda-Bahm
"Eight Steps of Legal Persuasion", Holland & Hart Summer Clerk Introduction, (July, 2020), Ken Broda-Bahm
"Combating Plaintiff Reptilian Tactics in Complex Litigation: Discovery, Voir Dire, Direct and Cross-Examination", Stafford Webinar, (July, 2020), Ken Broda-Bahm
"The Mongoose Seminar: How Defendants Can Defeat the "Reptile"", Reptile LawPractice CLE, (May, 2020), Ken Broda-Bahm
"Combatting Plaintiff Reptile Tactics in Employment Litigation: Voir Dire, Witness Examination Opening & Closing", ClearLaw CLE Seminar, (May, 2020), Ken Broda-Bahm
"Debiasing Your Jury in the Absence of Voir Dire", Maryland Association for Justice, (February, 2020), Ken Broda-Bahm
"Learning from TED - Presenting Your Best in Front of Large Audiences", Presentation to Holland & Hart, (August, 2019), Ken Broda-Bahm
"Personal Responsibility and the Polarized Juror in Railroad Cases", Presentation to the National Association of Railroad Trial Counsel (NARTC), (July, 2019), Ken Broda-Bahm
"Defeating the Reptile: It Takes a Mongoose", Stafford Webinar, (July, 2019), Ken Broda-Bahm
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