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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

35:54

The Litigation Psychology Podcast - Episode 173 - The...

The Litigation Psychology Podcast ·

2023/07/17

Jacqueline Altman, Partner at Naman Howell & Jason Goodnight, Partner at Fraden, Farris, Quillin, Goodnight, Roberts + Ward join Steve Wood, Ph.D. to talk about the gig economy. They discuss the complications and challenges from a litigation perspective for this growing, but still relatively new, industry. Jacq and Jason describe what the gig economy is, how broad it is, and how little case law exists today specific to the gig economy. The group discuss the similarities and differences of gig

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25:14

The Litigation Psychology Podcast - Episode 172 -...

The Litigation Psychology Podcast ·

2023/06/26

Steve Wood, Ph.D. and Bill Kanasky, Jr., Ph.D. answer podcast listener questions: - How will AI change the legal industry and who will benefit the most, plaintiffs or defendants? - Are all nuclear verdict juries angry? How do I spot angry jurors in voir dire? - How do I handle witnesses who are dealing with personal issues? - Why do witnesses have such a deep desire to pivot and why are Yes/No answers so unsatisfying for witnesses to give? - Do attorneys welcome you with open arms when you are

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30:11

The Litigation Psychology Podcast - Episode 171 -...

The Litigation Psychology Podcast ·

2023/06/19

Bill Kanasky, Jr., Ph.D. talks about attorneys who "parachute" into a case late. These parachuting situations are happening more often, especially when the excess carrier gets involved and brings in their heavy hitter, but the geographic and culture differences of an outsider can have a material impact on jurors. It is possible for parachuting attorneys to win over a jury but there are some very specific things that must be taken into consideration by the outside attorney: 1. Be authentic - Do not

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38:53

The Litigation Psychology Podcast - Episode 170 -...

The Litigation Psychology Podcast ·

2023/06/12

Oscar Lara, Shareholder at Rincon Law Group, joins Steve Wood, Ph.D. and Bill Kanasky, Jr., Ph.D. to talk about translators for non-native English speakers or foreign-born witnesses and the challenges of working with interpreters during witness preparation and for testimony. Much of Oscar's practice involves working with many Spanish-speaking witnesses and he shares the challenges of working with these witnesses, of using interpreters during witness prep, and the difficulties associated with

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35:03

The Litigation Psychology Podcast - Episode 169 -...

The Litigation Psychology Podcast ·

2023/06/05

Steve Wood, Ph.D. & Bill Kanasky, Jr., Ph.D. talk about their latest paper published in CLM Magazine on Preventing Nuclear Settlements at Deposition and the dangers of pivoting during deposition. Steve and Bill discuss the risks to witnesses who are encouraged by defense counsel to pivot during testimony and how cases where witnesses are told to pivot settle for higher amounts than they should. They talk about the strategic and economic risks of pivoting and how a witness that pivots during their

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19:03

The Litigation Psychology Podcast - Episode 168 -...

The Litigation Psychology Podcast ·

2023/05/29

Bill Kanasky, Jr., Ph.D. talks about the difference between witness prep and witness training and how the combination of the defense attorney with a witness training expert is the perfect partnership. Some attorneys don't understand or appreciate the difference between witness prep and witness training. Witness prep is the attorney's job going over documents and exhibits and developing the legal strategy. Witness training is focused on working with the witness on their cognition, behavior, and

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14:33

The Litigation Psychology Podcast - Episode 167 - 5...

The Litigation Psychology Podcast ·

2023/05/22

Dr. Steve Wood shares what to look for in a corporate representative and a list of five (5) essential elements for someone to serve as an effective 30(b)(6) witness: 1) Humility - The individual has to feel comfortable saying "I don't know". 2) Patience - The witness needs to wait for the questioner to finish asking their question before responding. They also have to be patient with the deposition and litigation process as a whole. 3) Emotional poise - The witness must avoid making emotional

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18:55

The Litigation Psychology Podcast - Episode 166 - Bad...

The Litigation Psychology Podcast ·

2023/05/15

Dr. Bill Kanasky, Jr. talks about a list of words that the brain normally doesn't think of as bad words but which can be really bad words if a witness says them, or agrees to them, in deposition or trial testimony. These are trap words that lock witnesses into inflexible positions and are a big reason why witness effectiveness training, prior to testimony, is crucial to litigation success. The Bad Word List (aka the anti-reptile word list): always/never; must/should; required/obligated/duty;

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52:02

The Litigation Psychology Podcast - Episode 165 -...

The Litigation Psychology Podcast ·

2023/05/08

Dr. Kyle Boone, Clinical Neuropsychologist and Clinical Professor at UCLA, joins Bill Kanasky, Jr., Ph.D. to talk about Traumatic Brain Injuries (TBI) in litigation. TBI claims are increasing exponentially and Dr. Boone gives an overview of concussions and mild traumatic brain injuries and discusses assumptions, myths, and truths about the diagnosis of a mild TBI. Dr. Boone and Dr. Kanasky, Jr. discuss how these issues play out in litigation, what defense attorneys need to be aware of in TBI cases,

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22:03

The Litigation Psychology Podcast - Episode 164 -...

The Litigation Psychology Podcast ·

2023/05/01

Bill Kanasky, Jr., Ph.D. talks about egregious conduct in the trucking and transportation industry. Bill describes the importance of accurately assessing your case early with focus groups to find out what jurors might think about the case. Bill also lists specific behaviors and topics that jurors consistently have issues with in trucking and transportation cases: 1) Dash cam video; 2) Unenforced policies; 3) Log falsifications; 4) Driver substance abuse; 5) Poor hiring practices; 6) Cell phone use

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40:21

The Litigation Psychology Podcast - Episode 163 -...

The Litigation Psychology Podcast ·

2023/04/24

Bill Kanasky, Jr., Ph.D. and Steve Wood, Ph.D. discuss who's to blame when things go poorly with a case. Bill and Steve share stories of when and how jury consultants get blamed or are set up as the fall guy for situations when depositions, jury selections, or trials turn out badly for the defense. They talk about the risk in accuracy, reliability, and predictability when cutting corners with jury research and the importance of a methodical, scientific process for recruiting, screening, and

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35:06

The Litigation Psychology Podcast - Episode 162 -...

The Litigation Psychology Podcast ·

2023/04/17

Holly Howanitz, Partner, Wicker Smith joins Dr. Bill Kanasky, Jr. to talk about ways to prepare opening statements that attract and hold juror attention and engagement. Holly talks about using visual stimuli in openings, her thoughts on the length of her openings, and how she decides how long her openings will be. In addition, Holly discusses managing turnover within the firm when associates or attorneys leave to take another job, how her firm helps getting younger attorneys experience, and why

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16:50

The Litigation Psychology Podcast - Episode 161 -...

The Litigation Psychology Podcast ·

2023/04/10

Dr. Steve Wood discusses the topic of humanizing the corporate defendant. The data doesn’t support that making the argument to jurors that the corporation is made up of regular people who just go to work and try to do their best. Mock trials and actual trials have consistently demonstrated that jurors see through these arguments and don't buy into this. Jurors also discount arguments made about how the company supports other worthy causes, recognizing that those charitable contributions are tax

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34:06

The Litigation Psychology Podcast - Episode 160 - All...

The Litigation Psychology Podcast ·

2023/04/03

Sorena Fallin, Partner & Matt Cassman, Associate Attorney from Ragsdale Liggett join Bill Kanasky, Jr., Ph.D. to discuss the recently signed tort reform bill in Florida, HB 837. The changes apply to causes of action accruing after the effective date of March 24, 2023 and prior to the bill becoming law, reports state that plaintiffs’ firms filed approximately 100,000 lawsuits. Sorena outlines the bill and the impact it will have on defense firms and insurance companies. She shares details about the

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13:58

The Litigation Psychology Podcast - Episode 159 -...

The Litigation Psychology Podcast ·

2023/03/27

Dr. Bill Kanasky, Jr. talks about jury selection and why demographics and intelligence are not predictive of pro-defense jurors. A mistake defense counsel often make is identifying a few demographic criteria and then selecting a jury based on those criterion. Instead, voir dire should be conducted to gain a deeper understanding of a juror's attitudes, experiences, personality, and beliefs which are the key drivers of their evaluation and decision making process. Watch the video of this episode:

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33:33

The Litigation Psychology Podcast - Episode 158 -...

The Litigation Psychology Podcast ·

2023/03/20

Aaron Rolen, Senior Counsel with The Bassett Firm, joins Dr. Bill Kanasky, Jr. to talk about managing your career as a younger attorney. Aaron shares his perspective as a younger attorney and the advantages he has realized from staying with the same firm for a number of years versus bouncing around to chase new opportunities. He also talks about what defense attorneys can do better strategically and logistically and offers his views on how to handle witness preparation. Lastly, Bill and Aaron

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23:49

The Litigation Psychology Podcast - Episode 157 - The...

The Litigation Psychology Podcast ·

2023/03/13

Doug Marcello, Chief Legal Officer with Bluewire, joins Dr. Bill Kanasky, Jr. to talk about the latest report from the American Tort Reform Foundation on Judicial Hellholes. Doug shares his analysis of the report including some of the common denominators: anchoring and changing jury demographics in some areas. Bill and Doug also discuss how much of a danger nuclear settlements are and how little attention they are getting, as well as the role and purpose of training manuals and policies and

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32:01

The Litigation Psychology Podcast - Episode 156 -...

The Litigation Psychology Podcast ·

2023/03/06

Sean Murphy, Practice Leader for CSI's Crisis Communications Practice, talks with Dr. Steve Wood about handling the crisis response to cybersecurity breaches. Sean offers good and bad examples of companies involved in cybersecurity crises, how they handled those situations, and what were the outcomes. Sean shares a guide that companies who have successfully navigated cybersecurity breaches and risks followed by taking a methodical, strategic approach to a crisis: 1. Top management led the crisis

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52:09

The Litigation Psychology Podcast - Episode 155 - JFK...

The Litigation Psychology Podcast ·

2023/02/27

Attorney Larry Schnapf and author and JFK assassination expert Jefferson Morley join Dr. Bill Kanasky, Jr. to continue the discussion about the legal issues and challenges being mounted to obtain the release of all government documents related to the assassination of President John F. Kennedy. Larry, Jeff, and Bill talk about the Schlesinger memo, the actions of the CIA in the early 60s, including their surveillance of Lee Harvey Oswald, the Gannon memo, the fact that both President Trump and

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51:37

The Litigation Psychology Podcast - Episode 154 - JFK...

The Litigation Psychology Podcast ·

2023/02/20

Attorney Larry Schnapf and author and JFK assassination expert Jefferson Morley join Dr. Bill Kanasky, Jr. to discuss the lawsuit they have filed to obtain the release of all government documents related to the assassination of President John F. Kennedy. Larry, Jeff, and Bill discuss the results of the multiple mock trials that have been conducted related to the assassination, the JFK Records Act, the process they have been going through to get the remaining documents released, the role of the CIA

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293 results

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