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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

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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34:22

The Litigation Psychology Podcast - Episode 246 -...

The Litigation Psychology Podcast ·

2025/01/20

Bill Kanasky, Jr., Ph.D. shares ideas on how to upgrade your voir dire by applying measurement. One of the primary purposes of voir dire is to elicit information and Bill talks about ways to extract information from jurors to get accurate responses. Bill discusses how to handle oral questioning during voir dire, including the use of a 0-10 scale and asking jurors to give one reason for their number. After going over the scientific methodology for this approach to data collection, Bill talks about

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48:02

The Litigation Psychology Podcast - Episode 245 -...

The Litigation Psychology Podcast ·

2025/01/13

Steve Wood, Ph.D. and Bill Kanasky, Jr., Ph.D. answer the latest podcast listener mail: - When doing jury research and there is a confidentiality issue, should I use real names or fake names? - Should I advocate when doing jury research? - What are the benefits of a focus group over a mock trial? - How should I handle testing evidence that may or may not come in at trial? - What are the advantages and disadvantages of doing focus groups or mock trials virtually vs. in-person? - How much should I

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29:33

The Litigation Psychology Podcast - Episode 244 -...

The Litigation Psychology Podcast ·

2025/01/06

Bill Kanasky, Jr., Ph.D. talks about witness preparation and the benefits of using an alternate questioner during mock questioning. Bill shares details on how the CSI witness training program works by building a foundation based on psychology. The first phase of the training is educational and focuses on cognition, behavior, and emotion and how the brain operates in its natural state and how we need it to work during testimony. Once the psychological foundation is built, then strategy can take

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35:09

The Litigation Psychology Podcast - Episode 243 -...

The Litigation Psychology Podcast ·

2024/12/16

Bill Kanasky, Jr., Ph.D. and Steve Wood, Ph.D. are joined by NYC trial attorney Tony Battista of Condon & Forsyth LLP in the second part of their discussion about a high profile trial they recently worked on together. The group talks about their approach for opening statements, how many drafts of the opening they had, how many versions they tested with mock jurors, and how they dealt with all of the bad stuff in their case in the opening. Tony shares his strategy for cross-examination and his

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36:45

The Litigation Psychology Podcast - Episode 242 -...

The Litigation Psychology Podcast ·

2024/12/09

Bill Kanasky, Jr., Ph.D. and Steve Wood, Ph.D. are joined by NYC trial attorney Tony Battista of Condon & Forsyth LLP in the first of a two-part discussion on trial techniques and details on a large aviation fatality case that they recently worked on together. Tony shares his background, talks about how he approaches highly complicated cases, and how he keeps a positive perspective when experiencing difficult days during trial. Tony describes how his team responds to an aviation accident at the

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34:33

The Litigation Psychology Podcast - Episode 241 -...

The Litigation Psychology Podcast ·

2024/12/02

Bill Kanasky, Jr., Ph.D. shares a list of dirty little tricks used by opposing counsel at deposition that can cause issues for witnesses who have not been trained and prepared for these devious tricks. 1. Repetition of questions (i.e., negative reinforcement) 2. Getting the witness on the Yes Train (lull the witness into an agreement pattern) 3. Using silence after a witness's answer to get the witness to share more 4. Asking for clarification on simple points 5. Being friendly (get the

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46:10

The Litigation Psychology Podcast - Episode 240 - JFK...

The Litigation Psychology Podcast ·

2024/11/22

Bill Kanasky, Jr., Ph.D. is joined by JFK assassination expert, journalist, and author Jefferson Morley to discuss the latest updates on the still unreleased government documents associated with the JFK assassination. Jefferson provides an overview of where things stand currently with release of JFK assassination documents, particularly with regards to the active litigation around these records' release. Bill and Jefferson compare and contrast the JFK assassination to the assassination attempts on

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59:50

The Litigation Psychology Podcast - Episode 239 -...

The Litigation Psychology Podcast ·

2024/11/18

Bill Kanasky, Jr., Ph.D. is joined by Associate Attorney Jeffrey Oates, Attorney Kristin Petty, and Attorney Jason Preciphs from the law firm of Roberts, Carroll, Feldstein, and Peirce. Bill's guests describe the diverse types of cases their firm works on, how their firm attracts and retains associates, and how they provide growth opportunities for their attorneys while also growing the firm. The group share how they talk to clients about getting early career attorneys in their firm the experience

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28:35

The Litigation Psychology Podcast - Episode 238 - The...

The Litigation Psychology Podcast ·

2024/11/11

Bill Kanasky, Jr., Ph.D. talks about unique voir dire questions, particularly around damages, to help attorneys improve their jury selection process and to set the stage for openings. Bill gives examples of topics to ask about during voir dire that help to indoctrinate jurors. Some of the topics for questions Bill discusses: social inflation, lawsuit abuse, justice for the defense, commenting on articles/social media, anchoring, and open-ended questions. Watch the video of this episode:

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35:48

The Litigation Psychology Podcast - Episode 237 - No...

The Litigation Psychology Podcast ·

2024/11/04

Bill Kanasky, Jr., Ph.D. talks about something all attorneys, but particularly early career attorneys, need to keep in mind when preparing witnesses for deposition. Sometimes witnesses come into deposition preparation with some trauma which could be related to the litigation, or from other sources, that may be triggered or further exacerbated by the litigation. It's important for the attorney to build trust with witnesses and not add to this stress in how they interact with and communicate with the

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32:54

The Litigation Psychology Podcast - Episode 236 -...

The Litigation Psychology Podcast ·

2024/10/28

Bill Kanasky, Jr., Ph.D. talks about the critical importance of preparation for litigation, and particularly early preparation. Bill discusses the risks for the defense by not being prepared and the costs for not being prepared. Bill talks about steps to take before litigation even strikes:1. Education: Identify people who will be involved in litigation and/or likely to get deposed in a future lawsuit and educate them on the litigation process and start to train them as witnesses in advance; 2

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36:28

The Litigation Psychology Podcast - Episode 235 -...

The Litigation Psychology Podcast ·

2024/10/21

Jonathan Wohlwend, Associate Attorney at Bradley, joins Steve Wood, Ph.D. to talk about Name, Image, Likeness (NIL) and the legal implications around NIL. Jonathan provides background on what NIL is and is not, particularly within the context of college athletics, and describes how the process for NIL works for recruiting players. Jonathan defines what a collective is, the changes that have happened over the years around collectives, and their role in NIL deals. Steve and Jonathan also discuss

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35:11

The Litigation Psychology Podcast - Episode 234 - The...

The Litigation Psychology Podcast ·

2024/10/14

Bill Kanasky, Jr., Ph.D. talks about the biggest mistake witnesses make during testimony: guessing. Bill describes why this happens, even in light of clear direction to not guess, and how to address it. Bill talks about the attention/behavior gap which is driven by the brain's native neurocognitive wiring and explains the two categories of reasons why witnesses guess: internal and external reasons. Internal factors: 1. Witnesses experience shame and guilt for not knowing or not remembering

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293 results

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