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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

01:05:26

The Litigation Psychology Podcast - Episode 266 - Why...

The Litigation Psychology Podcast ·

2025/06/09

Bill Kanasky, Jr., Ph.D. delivers a detailed lecture on the concept of neurocognitive remapping and why the human brain is not neurologically equipped for the pressures of litigation. He explains that 95% of witness errors are psychological, not legal or strategic, and that traditional attorney-led preparation often fails because it overlooks critical elements like cognition, emotion, and behavior. Neurocognitive remapping a science-based process that helps witnesses respond to high-stress

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43:13

The Litigation Psychology Podcast - Episode 265 -...

The Litigation Psychology Podcast ·

2025/06/02

Georgianne Walker, Trial Attorney & Partner at May Oberfell Lorber, LLP, joins Bill Kanasky, Jr., Ph.D. to discuss changes she has seen in litigation over the past couple of years. Georgianne talks about how her firm manages the volume of trial work with the logjam of trials taking place. Bill and Georgianne discuss the challenge of hiring, training, and retaining younger associates and how Georgianne's firm manages their associates and lateral hires. Georgianne shares how she works with

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52:19

The Litigation Psychology Podcast - Episode 264 -...

The Litigation Psychology Podcast ·

2025/05/26

Bill Kanasky, Jr., Ph.D. joins Steve Wood, Ph.D. to answer some recent podcast viewer/listener mail:- How can my client get their side of their story across at deposition if you tell witnesses to not offer explanations when answering deposition questions? - How often should my witness be taking a break during a deposition? - How can I prevent my witness from getting anxious during their deposition? - If my witness is getting argumentative during questioning, how should I handle that? - My witness

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25:40

The Litigation Psychology Podcast - Episode 263 -...

The Litigation Psychology Podcast ·

2025/05/19

Steve Wood, Ph.D. joins host Bill Kanasky, Jr., Ph.D. to talk about how to help witnesses navigate deposition situations where they may be thrown off by plaintiff’s counsel disorganized approach or confusing questions, whether intentionally confusing or not. Bill and Steve describe what witnesses should do and be encouraged by defense counsel to do when plaintiff's counsel asks bad or poorly worded questions. What must be avoided is your witness trying to fix opposing counsel's poorly phrased

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52:24

The Litigation Psychology Podcast - Episode 262 -...

The Litigation Psychology Podcast ·

2025/05/12

Larry Hall, Partner at Chartwell Law, joins Bill Kanasky, Jr., Ph.D. and Steve Wood, Ph.D. to break down the process and positive outcome of a recent trial. Larry shares an overview of the case, how mediation went, and what the demands were from the plaintiff attorney. The group discusses the jury research that was conducted for this case, how the research was set up, what the legal team wanted to learn from the research, and what some of the findings were in the research, including surprises. Bill,

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34:14

The Litigation Psychology Podcast - Episode 261 -...

The Litigation Psychology Podcast ·

2025/05/05

Bill Kanasky, Jr., Ph.D. concludes our 4-part series on a sophisticated approach to voir dire. Bill discusses juror sympathy and commitment to following the law. Bill talks about a concept called sympathy override and gives examples of how to get jurors to open up about the concept of sympathy and whether they can maintain discipline when it comes to sympathy. You have to address the challenge that jurors will experience when their heart and head are in conflict. Next, Bill explains Pre-Commitment

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28:48

The Litigation Psychology Podcast - Episode 260 -...

The Litigation Psychology Podcast ·

2025/04/28

Bill Kanasky, Jr., Ph.D. continues with part 3 of our 4-part series on a sophisticated approach to voir dire. In this part, Bill talks about cognitive dissonance and personal responsibility. Cognitive dissonance is defined as mental discomfort. You have to give jurors examples of when you have experienced mental discomfort so they can relate and will share their own experiences with cognitive dissonance and also so they will hold themselves and each other accountable during deliberations. Next Bill

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35:26

The Litigation Psychology Podcast - Episode 259 -...

The Litigation Psychology Podcast ·

2025/04/21

Bill Kanasky, Jr., Ph.D.'s second part of our 4-part series on a sophisticated approach to voir dire. Bill talks about emotional persuasion resistance and the goal during voir dire of inoculating jurors against emotional appeals. Bill shares example questions and stories for how to inoculate jurors against emotional appeals by the opposition during trial and how to identify jurors you want to keep and which you want to strike. Bill also talks about anchoring and how to approach the concepts of

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32:33

The Litigation Psychology Podcast - Episode 258 -...

The Litigation Psychology Podcast ·

2025/04/14

Bill Kanasky, Jr., Ph.D. kicks off the first of a 4-part series on a sophisticated approach to voir dire. Bill lays out a highly advanced voir dire model based on behavioral science, cognitive psychology, and decision making research with a focus on cognitive fit, flexibility, and first impressions. It is critical in voir dire to build rapport with jurors to normalize differences in opinion and disclosure of information. The goal is to give jurors an easy out to strike themselves. Bill shares

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24:43

The Litigation Psychology Podcast - Episode 257 – Why...

The Litigation Psychology Podcast ·

2025/04/07

Bill Kanasky, Jr., Ph.D. continues discussing the importance of validity and reliability in jury research and specifically talks about the use of the clopening in jury research. The clopening is a combined opening and closing statement - basically a summary presentation of the case. The issue with the clopening is that it impacts your validity and reliability because jurors don't hear clopenings in a real trial so any feedback collected is skewed. Also, in order to get the most accurate data in jury

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29:20

The Litigation Psychology Podcast - Episode 256 - Why...

The Litigation Psychology Podcast ·

2025/03/31

Bill Kanasky, Jr., Ph.D. describes the scientific concepts of validity and reliability in research and why they are individually and collectively so important when conducting jury research. The question that validity helps answer is: are you measuring what you think you are measuring? Bill gives examples of how you can limit or improve your validity through witnesses and presentations in jury research. It's critically important to secure a clean read in your research and Bill explains how to achieve

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43:49

The Litigation Psychology Podcast - Episode 255 -...

The Litigation Psychology Podcast ·

2025/03/24

Jim Pattillo, Partner, Christian & Small joins Bill Kanasky, Jr., Ph.D. to talk about different types of plaintiff attorneys. Jim and Bill discuss what the reasons are for why there has been a degradation in civility between attorneys in recent years and what can be done about it. They share how important curating a reputation is for younger attorneys and the importance of communication. Bill and Jim identify several different plaintiff attorney types and how to manage them: - The unqualified

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43:16

The Litigation Psychology Podcast - Episode 254 - The...

The Litigation Psychology Podcast ·

2025/03/17

Bryan Falchuk, President & CEO of Property & Liability Resource Bureau (PLRB), joins Bill Kanasky, Jr., Ph.D. to discuss several topics related to the insurance industry. Bryan shares some details on his background and describes what PLRB is, what they do, and the help they provide insurers/MGAs, service providers, and outside counsel. Bill and Bryan talk about current trends in the insurance industry, key issues around litigation, and Bryan describes how he used to manage litigation during

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29:37

The Litigation Psychology Podcast - Episode 253 -...

The Litigation Psychology Podcast ·

2025/03/10

Brent Turman, Partner and Trial Attorney with Bell Nunnally & Martin LLP in Dallas, joins Steve Wood, Ph.D. on the podcast to talk about the hit series Suits and ethical issues that surface on the show. Brent gives an overview of an ethics CLE he presents referencing episodes of the show. Steve and Brent discuss how issues that occur in different episodes can inform the appropriate approach to litigation including mock trials, witnesses, ethical questions, competing loyalties, depositions, and

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36:09

The Litigation Psychology Podcast - Episode 252 - JFK...

The Litigation Psychology Podcast ·

2025/03/03

JFK assassination expert Jefferson Morley joins Bill Kanasky, Jr., Ph.D. to discuss the latest updates on the JFK assassination including the recent executive order for a full and complete release of all JFK assassination records. Jefferson discusses what the FBI and CIA responses have been to the executive order, provides background on developments around digitization of some records, and his concerns about the delay of the records release since the executive order was signed. Jefferson and Bill

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44:21

The Litigation Psychology Podcast - Episode 251 - How...

The Litigation Psychology Podcast ·

2025/02/24

Bill Mitchell, Founding Partner of Cruser & Mitchell, joins Bill Kanasky, Jr., Ph.D. to discuss deal-making and negotiation in litigation and how to be disruptive lawyer. Bill Mitchell describes his philosophy on managing litigation and how he got started taking this unconventional approach to litigation management. Bill talks about three characteristics required to operate as a disruptive lawyer: #1 - legal acumen, #2 - proactivity, #3 - emotional intelligence. The two Bills discuss several

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24:32

The Litigation Psychology Podcast - Episode 250 -...

The Litigation Psychology Podcast ·

2025/02/17

Bill Kanasky, Jr., Ph.D. shares insights with attorneys for witness prep prior to their witness's deposition testimony. Bill emphasizes that the most important thing for witnesses is to fail during preparation in order to learn and grow so they are prepared for their deposition. This approach can be a challenge for attorneys as you don't want your witness to get mad at you or you may have concerns about hurting their confidence during the prep. It is critical for the witness to understand that their

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24:19

The Litigation Psychology Podcast - Episode 249 -...

The Litigation Psychology Podcast ·

2025/02/10

Dr. Bill Kanasky, Jr. talks about the psychological concept of amygdala hijack, which is the fight or flight reaction, and whether to induce amygdala hijack in the plaintiff or plaintiff's expert at deposition. Bill discusses the considerations and situations in which defense counsel should and should not employ this approach and some ideas on how and when to do so:1) Start the deposition with a surprise such as asking about a sensitive aspect of the case and apply pressure, something that you

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50:54

The Litigation Psychology Podcast - Episode 248 -...

The Litigation Psychology Podcast ·

2025/02/03

Medical malpractice trial attorney Tad Eckenrode joins Bill Kanasky, Jr., Ph.D. to talk about the latest issues they are seeing in med mal cases. Tad and Bill discuss developments they are seeing recently including the increase in the number of 7-figure med mal cases as well as more openness from defense clients on investing in jury research to understand what these cases are really worth to help inform whether they should settle or go to trial. Tad shares the value he sees in collecting insights

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35:32

The Litigation Psychology Podcast - Episode 247 - ...

The Litigation Psychology Podcast ·

2025/01/27

Bill Kanasky, Jr., Ph.D. joins host Steve Wood, Ph.D. to discuss five (5) problematic witness types. Steve and Bill talk about who these witnesses are, how to identify them, and how to work with each type of witness:1) The overly agreeable witness - a witness who is willing to agree with everything opposing counsel says or implies; 2) The defensive witness - someone who wants to argue or won't agree with even basic facts; 3) The angry witness - a witness whose rage about many/all aspects of the

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286 results

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