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PODCAST

The Litigation Psychology Podcast

The Litigation Psychology Podcast presented by Courtroom Sciences, Inc. (CSI) is a podcast for in-house and outside defense counsel and insurance claims personnel about the intersection of science and litigation. We explore topics of interest to the defense bar, with a particular emphasis on subjects that don‘t get enough attention. Our hosts are experts in Clinical Psychology, Social Psychology, and scientifically-based jury research with a wealth of knowledge about psychology, science, jury

science social sciences

All Episodes

43:43

The Litigation Psychology Podcast - Episode 193 -...

The Litigation Psychology Podcast ·

2023/12/04

Bryan Aghakhani, Partner, Bordin Semmer joins Bill Kanasky, Jr., Ph.D. to talk about the attorney perspective on the deposition. Bryan states that cases are won or lost at deposition and that the preparation before deposition, and being actively engaged at deposition with objections, is key for defense attorneys when defending depositions. Bryan and Bill discuss the difference in preparing a fact witness and a corporate representative 30(b)(6) for deposition and also talk about the strategy and

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29:27

The Litigation Psychology Podcast - Episode 192 - The...

The Litigation Psychology Podcast ·

2023/11/27

Steve Wood, Ph.D. & Bill Kanasky, Jr., Ph.D. talk about the misperception that humanizing the corporation is valuable and relevant to jurors. Often, defense counsel and the companies they represent want to talk at trial about how their company is made up of individuals just like the jurors, how much the company gives in charity, how many volunteering activities they do, and more. Steve and Bill debunk the assumption that time spent humanizing the company will make jurors more sympathetic toward

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20:42

The Litigation Psychology Podcast - Episode 191 - The...

The Litigation Psychology Podcast ·

2023/11/20

Dr. Bill Kanasky, Jr., Ph.D. talks about the science behind how depositions begin. Most opposing counsel start off being friendly and nice and asking very simple, non-threatening questions at the beginning of the deposition to get the witness's guard down. The witness's brain gets comfortable with these easy questions which allows opposing counsel to take advantage of their comfort with later questions that are case specific and include bad facts and other difficult topics. The whole goal for

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39:29

The Litigation Psychology Podcast - Episode 190 -...

The Litigation Psychology Podcast ·

2023/11/13

Dr. Mark Manera, Founder and CEO of Supply Chain Fitness, joins Bill Kanasky, Jr., Ph.D. to talk about fitness in trucking and transportation. Mark is a physical therapist and founded his company after identifying the level of unhealthiness in the trucking industry. Bill and Mark discuss the challenges with helping transportation companies understand the value and return on investment in health and physical fitness programs and how Mark has been addressing some of the objections to costs for these

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37:51

The Litigation Psychology Podcast - Episode 189 -...

The Litigation Psychology Podcast ·

2023/11/06

Ava Hernandez joins Steve Wood, Ph.D & Bill Kanasky, Jr., Ph.D. to discuss competing priorities at deposition prep. The client, attorney, and witness are all involved at different levels in the deposition prep though sometimes the goals for each aren't aligned and may be in conflict with one another. The group discusses the witness's perspective and how their brain is wired to survive which, if not properly trained, may lead to answering questions in a non-ideal way. The attorney may be focused

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23:44

The Litigation Psychology Podcast - Episode 188 -...

The Litigation Psychology Podcast ·

2023/10/30

Bill Kanasky, Jr., Ph.D. talks about the importance of effective listening skills by the witness during testimony. Listening is a skill that must be taught by a neurocognitive expert because the brain is not wired naturally to listen, particularly to the degree required during questioning. Bill dispels the myth that witnesses should engage in active listening during their testimony. Active listening is a communication tactic whereby the listener is analyzing the gestures, body language, tone of

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34:20

The Litigation Psychology Podcast - Episode 187 -...

The Litigation Psychology Podcast ·

2023/10/23

Steve Wood, Ph.D. & Bill Kanasky, Jr., Ph.D. discuss part 2 of the operant conditioning topic and how opposing counsel uses operant conditioning to derail witnesses during both deposition and trial testimony. Operant conditioning is the creation of an association between a behavior and the outcome and can include positive reinforcement, negative reinforcement, and punishment. It's important to understand that negative reinforcement is not the same as punishment; negative reinforcement is the

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41:06

The Litigation Psychology Podcast - Episode 186 -...

The Litigation Psychology Podcast ·

2023/10/16

Brenda Smith, Attorney with Dvorak Law Group, joins Bill Kanasky, Jr. Ph.D. to discuss the importance of conducting an early, thorough assessment of witnesses before beginning deposition prep and to make a connection with witnesses before even starting prep. This early assessment allows the litigation team to address any issues in advance of deposition prep so the preparation can be more impactful and deliver positive outcomes. Brenda and Bill talk about working with witnesses who may be suffering

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26:03

The Litigation Psychology Podcast - Episode 185 -...

The Litigation Psychology Podcast ·

2023/10/09

Bill Kanasky, Jr., Ph.D. talks about the biggest mistake defense attorneys are making at deposition, which is the erroneous assumption that the beginning of the deposition, when plaintiff's counsel is questioning the witness on background information, is not important. The witness (and the attorney) need to understand that those background questions are part of the setup for the plaintiff attorney and are critical for establishing good habits in responses from the witness that will need to be

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35:49

The Litigation Psychology Podcast - Episode 184 - The...

The Litigation Psychology Podcast ·

2023/10/02

Dr. Jonathan Glenn, Director of Diversity and Inclusion at Alma College, joins Steve Wood, Ph.D. to discuss mentorship. Jonathan talks about the power of mentorship and describes both formal and informal mentorship and how they differ. Jonathan shares how great mentors are able to see things within others that they can't see within themselves. Strong mentors challenge "safe dreams" and push others to dream even bigger. Jonathan describes some of the challenges with getting mentorship from potential

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06:42

The Litigation Psychology Podcast - Episode 183 - The...

The Litigation Psychology Podcast ·

2023/09/25

Bill Kanasky, Jr., Ph.D. shares the issues with a witness he is training for trial testimony and the witness's problem with pivoting, which he did extensively in his deposition. This witness's deposition included responses that went on way too long, responses that came way too quickly, including speaking over the questioner, and most of his responses to questions about facts were pivoting responses like "Yes, but....". Witnesses must accept facts - facts are facts. Bill describes how he will be

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46:29

The Litigation Psychology Podcast - Episode 182 -...

The Litigation Psychology Podcast ·

2023/09/18

Fred I. Lederer, Director of the Center for Legal & Court Technology (CLCT) and Daniel Shin, Cybersecurity Researcher for CLCT join Steve Wood, Ph.D. to discuss the topic of deepfakes in litigation. Fred and Daniel provide the background and history of CLCT and how the center has expanded its focus to new and emerging technologies including machine learning and AI. Daniel defines what a deepfake is, how deepfake technology is being used and applied, and the group discuss the implications of

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35:46

The Litigation Psychology Podcast - Episode 181 -...

The Litigation Psychology Podcast ·

2023/09/11

Bill Kanasky, Jr., Ph.D. answers podcast listener mail: - How can my client be better prepared for litigation before the court case is even filed? - Do online jury projects work? - If the witness only has two hours, is that enough for witness preparation and training? - How long does it take to properly train a witness? - When should I talk about damages at trial? - My witness is using marijuana to deal with their anxiety about the case. What should I do? - What are the top opening statement

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38:33

The Litigation Psychology Podcast - Episode 180 -...

The Litigation Psychology Podcast ·

2023/09/04

CSI Litigation Consultant Ava Hernandez, M.A. joins Bill Kanasky, Jr., Ph.D. to discuss witness mental health. Often, fact witnesses that are preparing for deposition may be suffering from psychological issues that could impact their performance during prep and especially during the actual deposition. Bill and Ava talk about how witnesses that have been summoned to testify could be dealing with anxiety not just about the litigation itself, but also other issues in their personal and professional

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51:26

The Litigation Psychology Podcast - Episode 179 -...

The Litigation Psychology Podcast ·

2023/08/28

Steve Wood, Ph.D. & Bill Kanasky, Jr., Ph.D. discuss the concept of operant conditioning and how it can be used with witnesses, particularly during deposition prep. Dr. Wood defines operant conditioning as the creation of an association between a behavior and the outcome. There can be both positive reinforcement and negative reinforcement, though its important to understand that negative reinforcement is not the same as punishment. Negative reinforcement is the elimination of a negative

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44:45

The Litigation Psychology Podcast - Episode 178 -...

The Litigation Psychology Podcast ·

2023/08/21

Bill Mitchell, Founding Partner, Cruser & Mitchell joins Bill Kanasky, Jr., Ph.D. to discuss negotiation in litigation. Bill Mitchell shares his philosophy on managing litigation and comments on the lack of focus on the negotiation phase of litigation vs. the outsized focus on trial, when fewer than 1% of cases go to trial. Bill talks about mistakes that he sees defense attorneys making including not identifying the leverage point for every case and not being an open communicator and engaging in

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44:45

The Litigation Psychology Podcast - Episode 177 -...

The Litigation Psychology Podcast ·

2023/08/14

Gene Kissane, Partner at Cole Scott & Kissane, John Nunnally, Attorney at Ragsdale Liggett, and Billy Davis, Partner at Bovis, Kyle, Burch & Medlin join Bill Kanasky, Jr., Ph.D. to talk about the hottest topic in the legal industry today: Artificial Intelligence. The group discuss their initial perspectives on how they think AI is going to impact the legal field and litigation, what the discussions are about AI in their firms, and how they are using AI today. They talk about whether AI is an

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31:45

The Litigation Psychology Podcast - Episode 176 -...

The Litigation Psychology Podcast ·

2023/08/07

CSI Litigation Consultant Ava Hernandez, M.A. joins Steve Wood, Ph.D. to discuss the concept of dogmatism in jurors. Ava defines what dogmatism is and shares the different perspectives of psychologists about whether dogmatism is a personality trait or is domain specific. Steve and Ava talk about open and closed systems of thinking and how dogmatism doesn't allow an individual to change their perspective, even in the face of evidence that contradicts their beliefs. They also discuss how to approach

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23:48

The Litigation Psychology Podcast - Episode 175 -...

The Litigation Psychology Podcast ·

2023/07/31

Bill Kanasky, Jr., Ph.D. continues his conversation on trucking litigation with plaintiff trucking attorney Joe Fried, Founding Partner of Fried Goldberg LLC. In this episode, Bill asks Joe about the behavior of some plaintiff attorneys who express disdain for the insurance company, who refuse to settle or negotiate, and take a very aggressive stance in dealing with the defense. They also discuss how defense witness ""pivoting"" kills credibility at deposition (and trial) and greatly helps the

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40:40

The Litigation Psychology Podcast - Episode 174 -...

The Litigation Psychology Podcast ·

2023/07/24

Plaintiff trucking attorney Joe Fried, Founding Partner of Fried Goldberg LLC, joins Bill Kanasky, Jr., Ph.D. to talk about a wide range of topics in trucking litigation including the importance of sincere and effective communication in the litigation process, the definition of a nuclear verdict, how Joe approaches a case from the outset, and how juror anger is only one of the factors influencing nuclear verdicts. Bill and Joe also discuss the hesitancy on the defense side of settling, the

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293 results

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