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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

47:29

#307 - The Benefits of Repeat Testing in Jury Research

The Litigation Psychology Podcast ·

2026/04/20

CSI Litigation Consultant Linda Khzam joins Bill Kanasky, Jr., Ph.D. to share the breakdown of a recent case and the jury research process that was used. Bill and Linda take a deep dive into the who, what, when, where, and why of Case Assessment Panels, which are virtual focus groups, and are the primary methodology for conducting exploratory jury research. Case Assessment Panels can be conducted at any stage of the litigation and can be used to explore juror insights on parties, evidence,

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38:05

#306 - The Danger of Witnesses Using AI During...

The Litigation Psychology Podcast ·

2026/04/13

Attorney Billy Davis of Taylor Nelson Slattery Bernard PL joins Bill Kanasky, Jr., Ph.D. to discuss their Law360 article on the topic of witnesses using AI for their deposition or trial testimony prep. Billy and Bill talk about how they anticipate the questions from opposing counsel at deposition about AI usage by witnesses is going to play out. Billy shares what he thinks may happen if witnesses admit to using AI in preparation for their deposition. They also discuss the exposure and issues of

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59:16

#305 – Tips For Success From a Seasoned Trial Attorney

The Litigation Psychology Podcast ·

2026/04/06

Carlos Rincon, Founding Shareholder at Rincon Law Group, P.C. joins Bill Kanasky, Jr., Ph.D. to talk about tips and lessons learned from Carlos’s decades long career as a trial attorney. Carlos shares tips for lawyers on the topics of voir dire questions, jury research, developing a narrative, opening statements, direct and cross-examination of witnesses, demonstratives, nerves while preparing for trial, not being afraid of taking cases to trial, the value of jury research as preparation for trial,

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38:49

#304 - Managing Negative Thought Patterns of Witnesses

The Litigation Psychology Podcast ·

2026/03/30

Bill Kanasky, Jr., Ph.D. discusses negative thought patterns of witnesses and how critical it is to identify and address these negative thoughts during prep. Bill shares a story about a recent witness he worked with and the process he took with this witness who was struggling with ruminating and negative thoughts. He advises attorneys to make the time to confront these emotional, negative thought patterns, to be prepared for them to resurface during prep, and to address them throughout the process

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51:46

#303 - Straight Talk About the Insurance Industry

The Litigation Psychology Podcast ·

2026/03/23

Chantal Roberts, Principal & CEO of CMR Consulting, joins Bill Kanasky, Jr., Ph.D. to talk all about insurance. Bill and Chantal discuss the all-out blitz against the insurance industry by the plaintiff's bar and the issues with policyholder's confusion and misunderstanding about insurance. They discuss the relationship between defense attorneys and adjusters and suggest how they can work better together. Bill and Chantal talk about the evolution of Reptile and the expansion of Reptile questions

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29:53

#302 - The Likeable Plaintiff

The Litigation Psychology Podcast ·

2026/03/16

The likeability of witnesses is a huge factor in juror evaluation and decision-making. Bill Kanasky, Jr., Ph.D. talks about the necessity of testing plaintiff likeability by getting the plaintiff deposition on video so it can be played in a focus group to get feedback on the plaintiff. Juror perception of the plaintiff is a major influencing factor in how they consider the case. Likeability of defense witnesses is important to test as well since the likeability factor applies to both sides, so

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45:41

#301 - Finding the Hidden Vulnerabilities in Your...

The Litigation Psychology Podcast ·

2026/03/09

CSI Litigation Consultant Linda Khzam joins Bill Kanasky, Jr., Ph.D. to talk about early jury research. Linda describes the format of the virtual focus group model and benefits that clients and attorneys realize from conducting these education and evaluation jury research projects. Bill and Linda discuss how focus groups differ from mock trials, and how, especially when conducted early, help identify hidden vulnerabilities in your case. They also talk about the advantages of the test/retest model in

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55:11

#300 - The Evolution of Litigation Defense

The Litigation Psychology Podcast ·

2026/03/02

Mike Bassett, Trial Lawyer and Managing Partner at The Bassett Firm, joins Steve Wood, Ph.D. and Bill Kanasky, Jr., Ph.D. to commemorate the 300th episode of The Litigation Psychology Podcast and discuss a wide range of topics about managing litigation and how things have evolved over the years. Mike shares the benefits he and his firm realize from conducting early jury research and how these early focus groups guide discovery and influence mediation. Steve, Bill, and Mike talk about the importance

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32:54

#299 - Talking About Tension Between Clients and...

The Litigation Psychology Podcast ·

2026/02/23

Bill Kanasky, Jr., Ph.D. shares recent feedback he has received from corporate and insurance clients with regards to a reluctance by some of their defense attorneys to take a different approach in how they manage their client's litigation. Some corporate and insurance clients are wanting more proactivity and aggressiveness from their counsel and are running into resistance from some, which is leaving them frustrated. Bill tells a couple of stories from recent interactions as examples of how

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52:27

#298 - State of the Union in Trucking Litigation

The Litigation Psychology Podcast ·

2026/02/16

Doug Marcello, Shareholder with Saxton & Stump and an expert in trucking litigation, joins Bill Kanasky, Jr., Ph.D. to give a state of the union on litigation in the transportation and trucking space. Doug shares what he sees as the primary issues in trucking litigation today and Bill and Doug discuss suggestions on what insurance companies and defense attorneys should do differently in managing their litigation. Doug shoots down common objections the defense side often bring up related to being

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25:13

The Litigation Psychology Podcast - Episode 297 - The...

The Litigation Psychology Podcast ·

2026/02/09

Bill Kanasky, Jr., Ph.D. describes the surprising connection between Meat Loaf's 1993 hit song I Would Do Anything for Love (But I Won't Do That) and the Reptile Theory. Bill breaks down the correlation between the lyrics of this love song and the unreasonable expectations and standards that are present in Reptile questions. He explains how attorneys need to help witnesses understand that circumstances and judgment play a pivotal role when responding to classic Reptile questions in deposition.

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47:46

The Litigation Psychology Podcast - Episode 296 - An...

The Litigation Psychology Podcast ·

2026/02/02

Holly Howanitz, Managing Partner with Tyson & Mendes, joins Bill Kanasky, Jr., Ph.D. to discuss the current state of litigation in Florida after the tort reform bill H.B. 837 was passed in March 2023. Holly shares how both tort reform and the new rules of civil procedure that went into effect in January 2025 are impacting cases. The biggest change that Holly has seen is related to medical bills since whether the plaintiff had health insurance was not allowed to be discussed in court before tort

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35:08

The Litigation Psychology Podcast - Episode 295 -...

The Litigation Psychology Podcast ·

2026/01/26

Bill Kanasky, Jr., Ph.D. describes what he calls the dead zone in opening statements. The dead zone is the middle part of the opening where juror attention is at its lowest. Bill lays out a 3 x 3 framework for the dead zone in the opening: 3 core issues supported by 3 high impact facts. He talks about how the opening statement should be focused on teasing and framing your case, not getting into the weeds, and letting your witnesses handle the details later. Lastly, Bill describes the concepts of

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54:57

The Litigation Psychology Podcast - Episode 294 -...

The Litigation Psychology Podcast ·

2026/01/19

Jim Pattillo & Todd Weston, Partners with Christian & Small, join Bill Kanasky, Jr., Ph.D. to talk about a range of topics on managing a law firm and managing litigation. The group discuss how to get younger attorneys trial experience, particularly when fewer and fewer cases are going to trial, how to manage stress, work/life balance, and healthy lifestyles while still growing a profitable firm, thoughts around voir dire, mistakes they have made while practicing law and the lessons learned,

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51:04

The Litigation Psychology Podcast - Episode 293 - The...

The Litigation Psychology Podcast ·

2026/01/12

Bill Kanasky, Jr., Ph.D. and Steve Wood, Ph.D. take a look back at some cases the CSI team worked on during 2025 and share stories, takeaways, and lessons learned. Bill and Steve talk about what causes witness deposition failures and why leveraging neurocognitive witness training leads to improve deposition testimony. They talk about why the work attorneys do to prep witnesses are often inadequate and why its not the attorney's fault. Bill and Steve also provide updates on recent changes in how

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30:43

The Litigation Psychology Podcast - Episode 292 -...

The Litigation Psychology Podcast ·

2026/01/05

Bill Kanasky, Jr., Ph.D. speaks about how important it is to establish trust with witnesses prior to starting any prep. Attorneys need to ask witnesses how they are doing, demonstrate that they genuinely care about their witness's mental and emotional state, and earn their trust before diving into any of the specifics of the litigation. Witnesses may have issues impacting them that are completely unrelated to the lawsuit, though those factors may directly affect how they are able to perform during

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51:56

The Litigation Psychology Podcast - Episode 291 -...

The Litigation Psychology Podcast ·

2025/12/15

Bill Kanasky, Jr., Ph.D. and Steve Wood, Ph.D. answer another batch of podcast viewer and listener questions:• When is the right time to conduct a focus group—should I wait until discovery is complete? • Can I test my opening statement in front of staff members or family? • Why is it important to test opening statements with mock jurors? • Should a consultant or moderator sit inside the jury deliberation room during a mock trial? • What are the most common trial mistakes defense attorneys make in

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30:43

The Litigation Psychology Podcast - Episode 290 - The...

The Litigation Psychology Podcast ·

2025/12/08

Bill Kanasky, Jr., Ph.D. breaks down why the single most powerful testimony tool in depositions and trial is the disciplined use of “No” or “I disagree”, followed by silence. Bill explains how witnesses get into trouble when they add explanations after a comma (“No, because…”), which leads to defensive or evasive answers and creates damaging credibility issues. Instead, he emphasizes a strategy rooted in cognitive science: reject the premise cleanly, elevate tone and composure, and force opposing

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29:06

The Litigation Psychology Podcast - Episode 289 -...

The Litigation Psychology Podcast ·

2025/12/01

Bill Kanasky, Jr., Ph.D. expands on the “disruptive voir dire” approach, focusing on how to neutralize juror confirmation bias, which is one of the most dangerous psychological forces in the courtroom, and in life. Bill explains why all humans are hardwired to make rapid, belief-driven judgments and how those cognitive shortcuts can lock jurors into the plaintiff’s narrative before the defense even begins its case.He outlines a structured voir dire method that exposes confirmation bias directly

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27:17

The Litigation Psychology Podcast - Episode 288 - The...

The Litigation Psychology Podcast ·

2025/11/24

In this episode, Bill Kanasky, Jr., Ph.D. explains why most defense teams misuse jury research by relying solely on a single mock trial and skipping the exploratory phase required by the scientific method for validity and reliability. Bill breaks down how early focus groups are critical in revealing juror confusion, hidden vulnerabilities in your case, and dangerous misconceptions that mock trials are unable to uncover. He also emphasizes that early exploratory research can shape discovery, expert

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307 results

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