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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

30:01

The Litigation Psychology Podcast - Episode 73 -...

The Litigation Psychology Podcast ·

2021/06/07

In this episode of The Litigation Psychology Podcast, Dr. Bill Kanasky talks about preventing nuclear settlements at deposition by doing a better job of managing the cognitive fatigue of witnesses during deposition testimony. Scientific evidence makes clear that witnesses begin to fatigue mentally at around the 35-minute mark, so the "take a break once per hour" philosophy of most attorneys is a major strategic mistake. Dr. Kanasky highlights the key factors that contribute to cognitive

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25:56

The Litigation Psychology Podcast - Episode 72 -...

The Litigation Psychology Podcast ·

2021/05/31

Eric Miersma, Attorney with Balestreri Potocki & Holmes, and a former commercial truck driver, joins the podcast to discuss both trucking and construction litigation. Eric compares and contrasts the two different types of litigation, noting that construction players often have lots of experience with litigation but with most of the smaller trucking companies that he works with, they often have much less experience with litigation. Eric and Dr. Bill Kanasky discuss witness performance at deposition

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24:50

The Litigation Psychology Podcast - Episode 71 -...

The Litigation Psychology Podcast ·

2021/05/24

May is Mental Health Awareness Month. Whitney Burkett, Associate Attorney with Anderson, Rasor & Partners, and CSI Litigation Consultant Dr. Alyssa Parker join Dr. Steve Wood to discuss mental health, and in particular the mental health of witnesses. Whitney and Alyssa discuss the importance of assessing the mental state of witnesses in advance of their preparation for testimony and understanding their overall mental health. Sometimes witnesses can be experiencing mental health stressors that go

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21:08

The Litigation Psychology Podcast - Episode 70 -...

The Litigation Psychology Podcast ·

2021/05/17

Rick Joslin, Attorney with Collins Einhorn Farrell, talks to Dr. Steve Wood about Traumatic Brain Injury cases and some of the considerations when managing these types of cases. Rick and Steve discuss the challenges in defending traumatic brain injury cases which aren't always as visible as a physical injury and how the plaintiff's bar uses neuropsychological testing in making their case. Rick shares some of the approaches he has taken to be successful in defending traumatic brain injury cases and

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28:16

The Litigation Psychology Podcast - Episode 69 - The...

The Litigation Psychology Podcast ·

2021/05/10

Tim Christ, Vice President of Growth for Claimatic, joins Dr. Bill Kanasky, Jr. to talk about how the insurance claims process has evolved over time. Tim provides some background on Claimatic, an intelligent decisioning software that automatically and quickly triages, routes, and assign thousands of claims in complex workflows and then shares how the claims process has evolved from highly manual to the use of more technology, albeit at a slow pace. Tim comments on how some in the insurance industry

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27:39

The Litigation Psychology Podcast - Episode 68 -...

The Litigation Psychology Podcast ·

2021/05/03

With in-person trials beginning to ramp up again after the shutdowns caused by COVID-19, dusting off trial skills becomes important. In this episode of The Litigation Psychology Podcast, Dr. Bill Kanasky speaks to trial attorneys Paul Motz of Segal McCambridge and Georgianne Walker of May Oberfell Lorber about the art and science of cross examination. Paul and Georgianne discuss their individual philosophies around cross examination, how they make decisions about the approach they will take for

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32:35

The Litigation Psychology Podcast - Episode 67 - Keys...

The Litigation Psychology Podcast ·

2021/04/26

Colleen Burke, James Hunter, and Kari Melkonian, Attorneys with Michigan law firm Collins Einhorn Farrell join Dr. Steve Wood to discuss the topic of virtual depositions. The group shares their experiences thus far with doing online depositions, including how they got started and what they've learned as best practices, plus things to watch out for. They discuss the advantages and disadvantages of preparing clients virtually and conducting depositions over Zoom and the importance of testing the

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18:48

The Litigation Psychology Podcast - Episode 66 -...

The Litigation Psychology Podcast ·

2021/04/19

Ellen Voie, President and CEO of the Women in Trucking Association, joins the podcast to talk with Dr. Bill Kanasky about this association she started in 2007. Ellen and Bill discuss how and why the organization began, who its members are (its not only women!) and the roles that women play in the trucking industry. Ellen shares how she attracts women to a traditionally male dominated industry by telling stories to describe the roles women can play in the industry and how they keep in touch with

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23:56

The Litigation Psychology Podcast - Episode 65 -...

The Litigation Psychology Podcast ·

2021/04/12

Brent Turman, Partner and Trial Attorney with Bell Nunnally & Martin LLP in Dallas, TX, joins the podcast to talk about how attorneys can draw inspiration from Kanye West in their approach to litigation. Brent uses milestones in Kanye's life and career to illustrate opportunities for litigators in how they manage cases. Brent and Dr. Steve Wood discuss four specific lessons including finding your voice, listening, using the right strategy, and pushing the envelope. This unique and interesting

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16:03

The Litigation Psychology Podcast - Episode 64 -...

The Litigation Psychology Podcast ·

2021/04/05

Jonathan Barbee, Attorney with MoloLamken LLP, talks with Dr. Steve Wood about IP litigation. Jonathan has broad IP litigation experience working primarily on patent cases, but manages the litigation for trade secret and copyright cases as well. Jonathan and Steve discuss the approach to different types of Intellectual Property litigation and the additional challenges encountered in IP cases that go beyond other types of litigation. Since there is often a lot for jurors to understand in IP cases and

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32:34

The Litigation Psychology Podcast - Episode 63 -...

The Litigation Psychology Podcast ·

2021/03/29

Attorney Nick Rauch with Larson King in St. Paul, Minnesota joins the podcast and talks with Dr. Bill Kanasky about his recent article in For the Defense on counter anchoring and the reverse reptile and how he has used reverse reptile in depositions. Nick explains the concepts of anchoring and counter-anchoring and shares examples to describe this psychological concept and how it influences jurors. Nick and Bill also talk about leveraging counter anchoring throughout the litigation process, not just

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19:32

The Litigation Psychology Podcast - Episode 62 -...

The Litigation Psychology Podcast ·

2021/03/22

Well-known speaker and author Frank Ramos, Jr., Partner with Clarke Silverglate, joins the podcast to share a bit about his background and his approach to mentoring young, early career attorneys. Frank talks about his recommendations for attorneys to focus on training for both soft and hard skills and his suggestions on marketing and promoting yourself, particularly on social media. He provides his thoughts on the future of attorney training, including how the increase in virtual training will

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26:40

The Litigation Psychology Podcast - Episode 61 -...

The Litigation Psychology Podcast ·

2021/03/15

Brad Hughes, trial lawyer with Clark Hill in Los Angeles, joins the podcast to talk about the differences in how he approaches a catastrophic injury case in his transportation litigation work versus a corporate matter. Dr. Bill Kanasky and Brad discuss the increasing presence of Reptile in commercial cases, the differences between preparing witnesses in trucking cases versus witnesses in commercial litigation and why Brad thinks preparing for deposition with trucking witnesses is easier than

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21:11

The Litigation Psychology Podcast - Episode 60 -...

The Litigation Psychology Podcast ·

2021/03/08

Trucking defense attorney Sophia Bernard of Lewis Brisbois in Tampa joins the podcast to talk about transportation and trucking litigation and her process on handling catastrophic cases. She discusses the difficulties of dealing with the emotion of the driver and the importance of recognizing and addressing the trauma the driver is experiencing due to the accident and having to relive it during deposition and at trial. Sophia also shares her thoughts on how to avoid creating opportunities for

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28:49

The Litigation Psychology Podcast - Episode 59 - Best...

The Litigation Psychology Podcast ·

2021/03/01

Trial attorneys and partners Thomas Segars & James Weiss from Ellis | Winters join the podcast to talk with Dr. Bill Kanasky about high exposure litigation and their process to approach these cases. Tom and Jamie share the importance of getting started early and the work they do on thinking about the themes for both the defense and for opposing counsel. They emphasize the need to meet with your witnesses early, well before the deposition, and to build rapport and trust with them and to conduct early

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23:13

The Litigation Psychology Podcast - Episode 58 -...

The Litigation Psychology Podcast ·

2021/02/22

Shareholder and defense attorney Heather Snider from Segal McCambridge Singer & Mahoney in Chicago joins the podcast and shares her experience with a recent 5-day Zoom bench trial, including what worked, what didn't, how technical issues and objections were handled, and more. Heather and Dr. Bill Kanasky also discuss the current and future state of virtual depositions, virtual witness trainings and possible virtual jury trials. They talk about the pending bill in Illinois that proposes starting

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21:28

The Litigation Psychology Podcast - Episode 57 -...

The Litigation Psychology Podcast ·

2021/02/15

Trial attorney Brent A. Turman from Dallas firm Bell Nunnally & Martin, LLP joins the podcast with Dr. Steve Wood to discuss the value and impact of storytelling in litigation. Brent has a fascinating background that has helped him develop his storytelling skills, which he applies to cases he works on. Brent worked on the "Fifty Shades of Grey" fan fiction royalties dispute case from a few years back and shares background on the case and how he and his team approached the case and structured their

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16:20

The Litigation Psychology Podcast - Episode 56 -...

The Litigation Psychology Podcast ·

2021/02/08

This episode of The Litigation Psychology Podcast focuses on how the trucking and transportation industry responded to the pandemic and the impressions, attitudes, and beliefs that jurors have toward transportation and trucking companies. Dr. Steve Wood discusses research that CSI has conducted to understand jurors' views of the trucking industry in light of Covid-19 and the role these companies have played during the pandemic. Dr. Bill Kanasky and Dr. Wood also talk about the opportunities missed

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25:36

The Litigation Psychology Podcast - Episode 55 -...

The Litigation Psychology Podcast ·

2021/02/01

Trucking defense attorney Mike Bassett joins the podcast to discuss the steps that he takes before he begins working with a witness: establishing trust, understanding their backstory, addressing their concerns and questions and establishing their state of mind. Without the proper pre-preparation, any training or witness prep you have planned will not stick. Mike and Dr. Bill Kanasky discuss the importance of understanding what is going on in people's lives; for example, their thoughts and feelings

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28:09

The Litigation Psychology Podcast - Episode 54 -...

The Litigation Psychology Podcast ·

2021/01/25

Trucking defense attorney Mark Perkins shares his personal experience with mental health and how he handles and addresses it. Mark and Bill Kanasky, Ph.D. talk about the ways the legal industry has, and has not, addressed mental health issues. They also discuss how the personal struggles that witnesses are experiencing in their daily lives, particularly in light of the Covid-19 pandemic, affect their mental health and how that can have a direct impact on their deposition testimony. Mark and Bill

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