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PODCAST

The Litigation Psychology Podcast

Courtroom Sciences

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

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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20:14

The Litigation Psychology Podcast - Episode 227 -...

The Litigation Psychology Podcast ·

2024/08/26

Nationally recognized and renowned memory expert Dr. Elizabeth Loftus joins Steve Wood, Ph.D. for the second part of their discussion about memory, where they talk about repressed memories. Dr. Loftus shares her experience working on cases where repressed memories were at the core of the case and the research she has done on repressed memories and false memories. Steve and Elizabeth discuss the ways in which she has been challenged and attacked for her research and the work she has done around

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36:52

The Litigation Psychology Podcast - Episode 226 -...

The Litigation Psychology Podcast ·

2024/08/19

Bill Kanasky, Jr., Ph.D. answers another round of podcast listener mail:- What is the best timing for witness training? - What is the best routine for the witness the morning of the deposition? - How do you deal with catastrophic injury and death cases every week? - How long should focus groups be? - Any updates on nuclear verdicts and how to prevent them? Watch the video of this episode: https://www.courtroomsciences.com/r/yn6

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32:41

The Litigation Psychology Podcast - Episode 225 -...

The Litigation Psychology Podcast ·

2024/08/12

Nationally recognized and renowned memory expert Dr. Elizabeth Loftus joins Steve Wood, Ph.D. for the first part of a two-part episode about memory. Dr. Loftus is a Distinguished Professor at University of California-Irvine and has consulted on the issue of memory for hundreds of civil and criminal cases throughout her career. Dr. Loftus shares her background on how she got into the study of memory and eyewitness memory, in particular. Dr. Loftus describes the three major stages of eyewitness

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54:54

The Litigation Psychology Podcast - Episode 224 -...

The Litigation Psychology Podcast ·

2024/08/05

John E. Hall, Jr., Partner with Hall, Booth, Smith, P.C. joins Bill Kanasky, Jr., Ph.D. to talk about the trial process. Bill and John discuss preparation for trial, managing stress leading up to trial, as well as, managing stresses during trial. John shares the strategic approach his team employs to prepare for trial and how he works with his trial team. John and Bill talk about how to stay focused on trial matters while there may be conversations taking place about settlement, as well as, how to

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50:34

The Litigation Psychology Podcast - Episode 223 - The...

The Litigation Psychology Podcast ·

2024/07/29

Legal Sector Analyst and Forecaster Jordan Furlong joins host Ava Hernandez to discuss a range of topics around the future of legal including shifts in market expectations, the development of early career lawyers, and changes in the business of law. Jordan and Ava talk about how law firms must reconsider and reimagine their approach to their purpose. Jordan highlights how the development program for new associates needs to change, in particular due to the impact AI and other technologies are having

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37:28

The Litigation Psychology Podcast - Episode 222 -...

The Litigation Psychology Podcast ·

2024/07/22

As a follow-up to Part 1 (Episode #220) of what not to do in opening statements, Bill Kanasky, Jr., Ph.D. talks about what to do in your opening statements. Bill discusses a few key principles for delivering opening statements: the speed of delivery, eye contact, repetition, pausing/using silence, movement, volume, and telling the jurors what you want. Bill talks about primacy and recency effects and leveraging them in the delivery of an opening statement and also defines and describes the cognitive

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46:27

The Litigation Psychology Podcast - Episode 221 -...

The Litigation Psychology Podcast ·

2024/07/15

Michael “Mick” Williams, Ph.D., Founding Member of The Science of P/CVE & Shawn C. Marsh, Ph.D., Director of Judicial Studies and Associate Professor of Communication Studies / Social Psychology at the University of Nevada, Reno join Steve Wood, Ph.D. to discuss the concept of Terror Management Theory and its implications on civil litigation. Mick and Shawn define what Terror Management Theory is, how Terror Management Theory relates to the Reptile Theory and Edge Theory, and what the evidence

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32:36

The Litigation Psychology Podcast - Episode 220 -...

The Litigation Psychology Podcast ·

2024/06/24

In the first of a two-part episode, Bill Kanasky, Jr., Ph.D. talks about opening statements and what not to do in your opening statement. First, Bill explains the primary reasons why opening statements fail: 1) Attorneys don't get formal training on how to construct an opening statement; 2) Attorneys don't have an understanding of how the juror brain processes information; 3) The games our minds play on us; 4) Many attorneys have less experience and opportunity to do opening statements because

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50:23

The Litigation Psychology Podcast - Episode 219 -...

The Litigation Psychology Podcast ·

2024/06/17

Attorney Chris Turney of Turney LG joins Bill Kanasky, Jr., Ph.D. to discuss inflated settlements and verdicts. Chris describes what he believes are the factors that are influencing and effecting outsized settlements and verdicts and walks through a 4 quadrant concept to help explain what is happening. Chris defines what he refers to as direct actions, indirect actions, intentional actions, and unintentional actions and provides examples and details for each quadrant. Chris and Bill discuss verdict

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35:48

The Litigation Psychology Podcast - Episode 218 -...

The Litigation Psychology Podcast ·

2024/06/10

Ava Hernandez, M.A. joins Steve Wood, Ph.D to talk about her background and how she got started in the litigation consulting field. Ava shares how she spent the early part of her career working in law firms, including both plaintiff and defense firms, then got interested in psychology, went back to earn her Masters in Clinical Psychology, and then ended up at Courtroom Sciences as a Litigation Consultant. Ava talks about what type of cases she enjoys working on and why the application of psychology

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42:14

The Litigation Psychology Podcast - Episode 217 -...

The Litigation Psychology Podcast ·

2024/06/03

Holly Howanitz, Managing Partner, Tyson & Mendes joins Bill Kanasky, Jr., Ph.D. to talk about cross-examination of expert witnesses. Holly highlights that you need think about your goals when cross-examining expert witnesses especially since experts often have more experience testifying than a fact witness. Bill and Holly talk about strategic decisions such as when to bring up "bombs" for the expert either at deposition or at trial and how to approach preparing for cross-examining an expert

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316 results

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