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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

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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19:49

The Litigation Psychology Podcast - Episode 233 -...

The Litigation Psychology Podcast ·

2024/10/07

Steve Wood, Ph.D. talks about seeing more and more examples of witnesses who are fighting with opposing counsel in their deposition or at trial, motivated by a desire to get their story across. Steve covers several reasons why pivoting like this is a bad idea including: arguing with a professional arguer is foolish; jurors view witnesses who pivot or argue with opposing counsel as less credible; the questioning attorney will call the witness out on this move; most witnesses aren't experienced enough

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26:04

The Litigation Psychology Podcast - Episode 232 -...

The Litigation Psychology Podcast ·

2024/09/30

Bill Kanasky, Jr., Ph.D. talks about how to select experts for trial testimony. One option is to pick national experts and another approach is to choose an expert who is more local to the venue. Bill walks through some important considerations when selecting an expert witness: - How much time does the expert spend testifying professionally? - How much of their income comes from testifying as an expert witness? - How effective as a witness are they in addition to being a subject matter expert? The

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56:29

The Litigation Psychology Podcast - Episode 231 -...

The Litigation Psychology Podcast ·

2024/09/23

Bill Kanasky, Jr., Ph.D. and Ava Hernandez join host Steve Wood, Ph.D. for another edition of From the Trenches where they discuss recent observations and updates from jury research projects, witness trainings, and cases that the CSI team have been working on. First, they talk about how too many attorneys wait until close to trial to contact the CSI team for help with training witnesses for trial and/or jury research, or even jury selection, and the problems with waiting until the eve of trial to

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32:29

The Litigation Psychology Podcast - Episode 230 -...

The Litigation Psychology Podcast ·

2024/09/16

Paul Motz, Shareholder and Trial Attorney, at Segal McCambridge Singer & Mahoney joins Bill Kanasky, Jr., Ph.D. to dispel several myths around litigation and talk about what's fact and what's fiction. Paul and Bill discuss whether jurors hate corporations, whether the person most knowledgeable should always serve as the corporate representative, whether someone who has been deposed many times before is a good witness for subsequent depositions, whether witnesses can win the case at deposition,

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33:38

The Litigation Psychology Podcast - Episode 229 -...

The Litigation Psychology Podcast ·

2024/09/09

Steve Wood, Ph.D. joins host Ava Hernandez to discuss his background and how he got into the litigation consulting business. Steve shares details on his education and his interest in how people make decisions which he applies to his role as a litigation consultant. Ava and Steve also talk about their fascination with how people behave and in particular how people's perspectives are influenced by their interactions with others especially within the context of the litigation process. Steve discusses

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30:37

The Litigation Psychology Podcast - Episode 228 -...

The Litigation Psychology Podcast ·

2024/09/02

Bill Kanasky, Jr., Ph.D. talks about how to manage stress during trial. Bill shares the three areas to focus on: physical health, emotional health, and mental health. Physical health keys: 1. Protect your sleep - really important to get plenty of restful sleep. 2. Exercise - get your body moving, even if its just for a few minutes by taking a walk or a short run. 3. Eat right - you have to eat well and eat right; ignoring your diet is a recipe for poor performance. Emotional health: To preserve

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287 results

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