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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

52:04

The Litigation Psychology Podcast - Episode 273 -...

The Litigation Psychology Podcast ·

2025/08/11

Steve Wood, Ph.D. is joined by trial attorney Jeremiah Byrne of Frost Brown Todd LLC to break down a recent case that resulted in a defense verdict. Jeremiah begins with an overview of the facts, explaining the allegations against the defendant and the damages sought by the plaintiff. He describes the mediation process, the plaintiff’s settlement demands, and why the case proceeded to trial.Next, Steve and Jeremiah discuss jury selection strategy, including how Jeremiah identified potential

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53:43

The Litigation Psychology Podcast - Episode 272 -...

The Litigation Psychology Podcast ·

2025/08/04

Steve Wood, Ph.D. joins Bill Kanasky, Jr., Ph.D. to answer recent podcast viewer and listener mail. • In voir dire, should defense counsel ask jurors about their AI use and habits? • The judge has only given both sides, three to five questions, max, in jury selection. What do I do? • How can you manage judge conducted voir dire? • How do I counter-anchor in my opening statement if the plaintiff attorney doesn’t give a specific number but they just say that they want a large amount from the jurors? •

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30:01

The Litigation Psychology Podcast - Episode 271 -...

The Litigation Psychology Podcast ·

2025/07/28

Bill Kanasky, Jr., Ph.D. dives into an often overlooked but critical aspect of witness testimony: behavior. He explains that body language and facial expression are the first things jurors process when evaluating a witness on video, and they play a major role in shaping perceptions of credibility, likability, and trustworthiness. Bill urges attorneys to coach their witnesses to maintain “job interview” demeanor — sitting upright, hands in front, and wearing a neutral, professional facial expression

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27:58

The Litigation Psychology Podcast - Episode 270 -...

The Litigation Psychology Podcast ·

2025/07/21

In this episode of The Litigation Psychology Podcast, Bill Kanasky, Jr., Ph.D. dives into the rapidly evolving world of plaintiff attorney advertising and specifically how it's exploded on social media. While traditional ads like billboards and cheesy daytime TV spots are still around, many plaintiff firms are now taking a totally different approach online. Bill explains how these firms are using TikTok, Instagram, and X (formally Twitter) to push out videos that aren’t focused on big verdicts or

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40:52

The Litigation Psychology Podcast - Episode 269 -...

The Litigation Psychology Podcast ·

2025/06/30

Trial attorney Shane O’Dell from Naman Howell joins Bill Kanasky, Jr., Ph.D. to break down a recent case that resulted in a complete defense verdict. The case involved a homeowner being sued after a contractor’s assistant, hired informally from a parking lot, fell through an attic floor while replacing water heaters, sustaining serious injuries. Shane explains how initial assumptions about homeowner liability posed a major challenge, as jurors often believe that property owners are automatically

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54:43

The Litigation Psychology Podcast - Episode 268 -...

The Litigation Psychology Podcast ·

2025/06/23

Bill Kanasky, Jr., Ph.D. explains how cortisol, the brain’s primary stress hormone, can significantly impair witness performance during testimony. He describes how elevated cortisol levels, produced during perceived threats, impair cognitive functions such as memory, decision-making, and emotional regulation. Bill introduces the stress-performance curve, noting that optimal performance occurs at moderate stress levels (between 4 and 6 on a 10-point scale). When cortisol levels are too high, the

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53:29

The Litigation Psychology Podcast - Episode 267 -...

The Litigation Psychology Podcast ·

2025/06/16

CSI Litigation Consultant Linda Khzam joins Steve Wood, Ph.D. to discuss managing emotional and anxious witnesses during deposition prep. Drawing on her background in cognitive neuroscience and working with crime victims, Linda explains that many witnesses enter the litigation process with no understanding of what to expect, likening it to being dropped unprepared into a foreign country. She stresses the need to provide a clear roadmap, explaining logistics, roles, and expectations, to help

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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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293 results

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