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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

22:09

The Litigation Psychology Podcast - Episode 153 -...

The Litigation Psychology Podcast ·

2023/02/13

Dr. Bill Kanasky, Jr. describes how to assess jurors more accurately during the jury selection process by implementing specific measures. There are two primary ways to measure something: using dichotomous variables or continuous variables. Dichotomous is a singular (i.e. binary) choice between two options (e.g. yes/no). Continuous variables offer multiple options, such as rating on a scale from 0-10 scale. Using continuous variables to measure juror sentiment allows you to understand the

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44:00

The Litigation Psychology Podcast - Episode 152 -...

The Litigation Psychology Podcast ·

2023/02/06

Zack Fletcher, Senior Associate with Wood, Smith, Henning, & Berman in Chicago joins Dr. Bill Kanasky, Jr. to talk about a recent unique jury trial in which Zack had to defend his client against a pro se litigant in Cook County, Illinois. Zack shares details of the litigation process, including the fact that there were very few settlement negotiations that took place and the plaintiff decided to proceed pro se with very limited discovery. Because the plaintiff was pro se, the court gave the

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43:40

The Litigation Psychology Podcast - Episode 151 -...

The Litigation Psychology Podcast ·

2023/01/30

Attorneys Jason Hendren & Jackie Clark, both Partners with Hall Booth Smith, join Dr. Steve Wood to talk about medical malpractice cases. The group discusses which med mal cases are the most difficult to litigate (birth trauma; wrongful death; paralysis cases) and the challenges with managing juror sympathy in cases with young injured parties. They talk about how juror perceptions of the reputation of well-known/top tier facilities impact juror decision-making, plus the challenges of traumatic brain

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41:24

The Litigation Psychology Podcast - Episode 150 -...

The Litigation Psychology Podcast ·

2023/01/23

Dr. Steve Wood and Dr. Bill Kanasky, Jr. talk about witness testimony and a concept in psychology called 'cognitive momentum' (the "Yes" train). Opposing counsel will rapidly throw out easy, factual questions to get your witness used to saying 'yes', speeding up their responses, lowering their defenses, and then eventually they fall prey to questions for which the answer should not be 'yes.' Witnesses must be trained to force cognition through sophisticated, neurocognitive training. Bill and Steve

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27:05

The Litigation Psychology Podcast - Episode 149 - ...

The Litigation Psychology Podcast ·

2023/01/16

Dr. Steve Wood and Dr. Bill Kanasky, Jr. talk about witness testimony and the problems and dangers of pivoting during deposition questioning. They discuss how defense attorneys don’t realize how they are opening the door to counterattacks from opposing counsel when they encourage their witnesses to pivot and answer questions with phrases like "Yes, but..." Steve and Bill describe the psychology behind why providing detailed explanations in normal, everyday situations is very different than in the

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31:59

The Litigation Psychology Podcast - Episode 148 - New...

The Litigation Psychology Podcast ·

2023/01/09

Dr. Bill Kanasky, Jr. is joined by trial attorneys Shane O'Dell of Naman, Howell, Smith & Lee and John Nunnally of Ragsdale Liggett to talk about new year's resolutions and what they are changing or doing differently in how they manage their litigation. Shane and John share how they are encouraging their clients to be more proactive in their litigation and not wait for plaintiff's counsel to make the first move every time. They talk about pursuing early mediations for cases that lend themselves to

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34:26

The Litigation Psychology Podcast - Episode 147 -...

The Litigation Psychology Podcast ·

2022/12/19

Dr. Steve Wood and Dr. Bill Kanasky, Jr. close out 2022 with a podcast Year in Review. They talk about what they've learned this year including starting to see some clients operating more proactively and early in litigation and the benefits they are realizing by doing so. Steve and Bill discuss other topics covered during the year, and in particular, the importance of episodes dedicated to mental and physical health. They also preview a few topic ideas for podcasts in 2023 and share some additional

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21:55

The Litigation Psychology Podcast - Episode 146 -...

The Litigation Psychology Podcast ·

2022/12/12

Dr. Bill Kanasky, Jr. talks about the risky language in company policies and procedures and the language and information on company websites. Many companies create a level of expectation for safety that is unattainable and put these organizations at risk of being attacked by plaintiff attorneys during litigation. Using language about safety being the top priority in manuals, training materials, policies, procedures, and on websites only creates litigation exposure that can be potentially devastating

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37:45

The Litigation Psychology Podcast - Episode 145 -...

The Litigation Psychology Podcast ·

2022/12/05

Wellness Specialist Jen Donovan joins Dr. Steve Wood for the second part of this episode focused on wellness and managing stress. In this episode, Jen demonstrates different simple exercises and movements as ways to relieve stress, including multiple breathing tips. Jen also talks about sound healing and sound therapy exercises. Lastly, Jen shares tips for how to get started, managing the timing of when to start, and how to make better, healthier choices. Jen's concluding thoughts: what you eat,

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31:15

The Litigation Psychology Podcast - Episode 144 -...

The Litigation Psychology Podcast ·

2022/11/28

Wellness Specialist Jen Donovan joins Dr. Steve Wood for a two-part episode about wellness topics, including the benefits of Rawfood Nutrition, and demonstrates some exercises to help manage the stresses of work and the holidays. Jen shares tips on eating properly, sleeping properly, breathing properly, and moving our body properly and the importance of devoting at least 3 weeks to any change to make it stick. Jen talks about the difference between mindlessness and mindfulness, about setting the

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29:37

The Litigation Psychology Podcast - Episode 143 -...

The Litigation Psychology Podcast ·

2022/11/21

Dr. Bill Kanasky, Jr. shares what and whom he is grateful and thankful for. Watch the video of this episode: https://www.courtroomsciences.com/r/oAJ

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44:19

The Litigation Psychology Podcast - Episode 142 -...

The Litigation Psychology Podcast ·

2022/11/14

Dr. Steve Wood and Dr. Bill Kanasky, Jr. continue answering podcast listener and viewer questions: - How do you advise handling voir dire in federal court when you only have 30-60 minutes to ask questions of jurors? - What are the opportunities with using a supplemental juror questionnaire? - What is the best way to question my client during direct or rehabilitation examination? - Are engineers bad jurors for the defense? - What types of demonstrative exhibits work best for jurors? Should I always

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32:47

The Litigation Psychology Podcast - Episode 141 -...

The Litigation Psychology Podcast ·

2022/11/07

Dr. Steve Wood and Dr. Bill Kanasky, Jr. continue their series of answering podcast listener and viewer questions: - How is the movement of people from blue states to red states impacting the jury pool? - Can a Middle Eastern defendant win at trial with a predominantly white/rural jury? - How do I mitigate damages at trial on a case when my client is admitting liability? - Should I ask the judge to show a short clip of the plaintiff's day-in-the-life video during jury selection? - In voir dire,

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38:37

The Litigation Psychology Podcast - Episode 140 -...

The Litigation Psychology Podcast ·

2022/10/31

Shane O'Dell, Member at Naman, Howell, Smith, and Lee PLLC, joins Dr. Bill Kanasky, Jr. to talk about helping younger associates grow through mentoring and development opportunities and how to keep those younger attorneys in your practice. Shane talks about the challenges for early career attorneys and what they can do to overcome. Shane shares his experience with recognizing the importance of developing relationships and trust over time as a path toward building a reputation and earning future

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24:29

The Litigation Psychology Podcast - Episode 139 -...

The Litigation Psychology Podcast ·

2022/10/24

Dr. Steve Wood and Dr. Bill Kanasky, Jr. answer frequently asked questions from podcast listeners and viewers. Some of the specific questions asked and answered: - What are some of the things that jurors are highly critical of at trial that I may not be aware of? - How do jurors perceive out-of-town defense attorneys? - How do I get a former employee to cooperate for a deposition? - Do jurors like attorneys who wear glasses? - Do expert witnesses really impact jury decision making? - How long should

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34:56

The Litigation Psychology Podcast - Episode 138 -...

The Litigation Psychology Podcast ·

2022/10/17

Dr. Bill Kanasky, Jr. shares tips and ideas for young attorneys to build a book of business. Doing business development is not easy, but taking the time and steps to doing it can really pay off. Two specific ideas from Bill: 1) Writing - Write articles on topics that prospects and clients can get value from and get those articles published in a legal journal; look for niche publications which are often hungry for content. If you need help getting started on topics or with writing, partner with a

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15:58

The Litigation Psychology Podcast - Episode 137 -...

The Litigation Psychology Podcast ·

2022/10/10

Dr. Steve Wood describes four psychological concepts that help to explain why some witnesses make mistakes in their testimony performance: 1) Yerkes-Dodson Law suggests there is a relationship between performance and arousal. Increased arousal can help improve performance, but only up to a certain point. At the point when arousal becomes excessive, performance diminishes. 2) The Dunning-Kruger effect is a type of cognitive bias in which people believe they are smarter and more capable than they

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36:49

The Litigation Psychology Podcast - Episode 136 -...

The Litigation Psychology Podcast ·

2022/10/03

Rebecca Brewster, President and COO of the American Transportation Institute (ATRI), joins the podcast to talk with Dr. BIll Kanasky, Jr. about ATRI, a research and education organization. Rebecca shares details on her background and different ATRI research studies and how their research benefits and informs the transportation and trucking industry. Bill and Rebecca discuss specific research topics that ATRI has studied including nuclear verdicts, nuclear settlements, driver shortage, CDL age limit

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27:23

The Litigation Psychology Podcast - Episode 135 -...

The Litigation Psychology Podcast ·

2022/09/26

Dr. Bill Kanasky, Jr. covers two witness deposition testimony topics: witnesses who guess and witnesses who freeze. 1) You have to identify when a witness is guessing in their deposition. Key phrases to watch out for besides "I guess," are "I think," "I believe," "I probably," "I assume." You need to explain to your witness that even if they tell you they won't guess, their brain is wired to guess and they need to be educated on what a guess sounds like and must work with them to correct these

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19:08

The Litigation Psychology Podcast - Episode 134 -...

The Litigation Psychology Podcast ·

2022/09/19

Dr. Steve Wood shares his observations, insights, and experience with jury selection and what works and doesn't work when picking a jury. Steve talks about the dangers of selecting a jury based solely on demographics and the criticality of learning about a juror's experiences, attitudes, and beliefs. He emphasizes the importance of the specific questions asked and approach taken by the attorney during voir dire and recommends that counsel treat voir dire more like a focus group and dig deeper into

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