Ken Berman Authors ‘Facts, Memory, Testimony: Person, Woman, Man, Camera, TV’ in Litigation JournalPrint PDF
In the spring 2021 Litigation Journal, the American Bar Association published Nutter partner Ken Berman’s piece: “Facts, Memory, Testimony: Person, Woman, Man, Camera, TV.” Ken’s article discusses the science behind memory, how memory can deceive witnesses and factfinders alike, and what lawyers and judges should do to compensate for memory’s failings. Ken explores how listeners interpret confidently delivered testimony as an accurate retelling of a remembered event, even though memory doesn’t work that way and often creates wide gaps between what happened and how the witness recalls it. Ken is a regular columnist for Litigation Journal. His columns appear under the banner “On Reconsideration.” Ken co-chairs Nutter’s Business Litigation Practice Group.