Shows
The Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 99 - Trial Preparation, Part 2Steve Wood, Ph.D. and Bill Kanasky, Jr., Ph.D. discuss trial testimony, preparing witnesses for trial, and the steps necessary for the best results at trial. They talk about the process that should be followed and where witnesses and even attorneys fall short, leading to bad outcomes at trial. Plaintiffs are continuing to increase demands and are wanting to go to trial as they see that as an advantage for them, especially against ill-prepared and under-prepared defense counsel. And the only way to be ready for trial is to invest in the weaponry (mock trials, jury research, witness t...
2021-12-0635 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 98 - Decision Making in Trial PracticeChris Patton, Partner at Lynn Pinker Hurst & Schwegmann and John Adams, Trial Lawyer at Gibson Dunn, join Dr. Bill Kanasky, Jr. to talk about commercial litigation and the article they co-authored titled Give the Jury What It Wants: Decision-Making in Trial Practice. Chris, John, and Bill discuss the importance of storytelling in trial and why and how to get the jury's attention early to frame the trial narrative. The group also talk about the availability bias and how jurors interpret and consider the information and litigants based on when and how much they are talked about by the attorneys...
2021-11-2940 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 97 - The Rise, Fall, and Reincarnation of the Reptile ProgramDr. Steve Wood and Dr. Bill Kanasky, Jr. share the latest updates on the Reptile training program. Recently, the program has gone through an evolution and some rebranding. There appears to be a phasing out of the "Reptile" term but the program is alive and well and there are now even more options for the plaintiff's bar to receive training on these variations of the Reptile Theory. Steve and Bill talk about the concept of cognitive schema and cognitive dissonance, which are keys to the success of Reptile attorneys, and why witnesses' brains need to be rewired and rebuilt...
2021-11-2254 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 96 - The Problems with Juror InstructionsDr. Steve Wood and Dr. Bill Kanasky, Jr. talk about the problems with juror instructions. So many times, jurors don't understand them, don't pay attention to them, don't read them, are too long, etc. The biggest issues that jurors struggle with understanding are causation, burden of proof, negligence, past economic and non-economic damages, future economic and non-economic damages, and allocation of fault.
To help jurors understand causation they must be educated and indoctrinated about causation beginning in jury selection, then repeating during opening and then again during closing so that by the time they get to deliberations, t...
2021-11-1539 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 95 - Winning Before TrialThis week's guest is Charles Price who manages litigation for Eaton Corporation and is a professor at the University of Akron where he teaches a law school course called Winning Before Trial. Charlie and Dr. Bill Kanasky, Jr. talk about differences between law schools and the background behind the Winning Before Trial course, which focuses on understanding psychology, economics, statistics, accounting, neuroscience in the application of law. They also discuss the changes that have taken place over the years with trial attorneys and the challenge of getting trial experience these days, particularly for younger attorneys. Charlie shares his perspective...
2021-11-0832 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 94 - Critical Steps for Trial PreparationIn this episode, Dr. Bill Kanasky, Jr. reviews the critical steps that need to be taken when preparing for trial. Bill shares a trial preparation to-do list which includes:
- Making a schedule and plan
- Setting up witness preparation sessions, either for the first time or refresher sessions if the trial was delayed due to Covid. Witness training (not just telling) must focus on the keys to delivering strong testimony and training on the 3 biggest mistakes made by defense witnesses during rehabilitation or direct examination: sharing too much information, volunteering information, and going too...
2021-11-0133 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 93 - Applying Sports Psychology to LitigationIn this episode, Dr. Steve Wood and Dr. Bill Kanasky, Jr. talk about the relationship between sports psychology and litigation. They discuss the concept of forcing cognition, which is a gap of time that a witness is trained to take during questioning in order to maximize cognition prior to any response. Bill and Steve share examples from sports and explain how forcing cognition addresses the biggest mistake that witnesses make, which is the speed at which they answer questions. Steve and Bill also discuss the importance of relaxation training to help address the nervousness of witnesses and another technique...
2021-10-2538 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 92 - Pre-Litigation Preparation and Double AnchoringDr. Bill Kanasky, Jr. describes pre-litigation preparation and talks about the importance of investing in these tools before clients are involved in litigation. Bill shares how more and more clients are proactively evaluating, assessing, and training potential corporate representatives and expert witnesses in advance of litigation. The 30(b)(6) witness is a really important role and making sure the best representatives are selected is critical. Potential corporate representative and PMK candidates are put through an advanced neurocognitive witness training and then tested with mock deposition questioning to help clients evaluate a witness' potential and opportunities to improve before they are...
2021-10-1825 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 91 - Bad Behavior and the Implications for Jury SelectionDr. Steve Wood and Dr. Bill Kanasky, Jr. team up to talk about the increased incidents of aggressiveness and violence that we are witnessing on airplanes, at airports, sporting events, and more. Steve and Bill talk about what these fights and bad behavior mean for the jury pool since the people involved in these fights are jury eligible. They discuss the psychology behind this behavior and what they are seeing in mock trials in the behavior and decision making of mock jurors since the start of Covid. They also talk about what attorneys need to be aware of during...
2021-10-1137 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 90 - Physical Fitness for the Legal ProfessionBrian Thompson, Founder of Law & Motion, joins the podcast to talk about physical fitness for attorneys and others in the legal profession. Brian is a practicing attorney who made a lifestyle change at the start of his legal career to put more of a focus on his physical fitness. He talks with Dr. Bill Kanasky, Jr. about the stresses of the attorney profession and how those demands make it easy to put off being healthy and physically fit and what some tips are to overcoming these obstacles. Bill has experience with clinical research on physical fitness and shares results...
2021-10-0437 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 89 - Evolution of the Trucking IndustryJay Blobner, Senior Safety & Risk Manager with International Transportation Services Inc., joins the podcast to speak with Steve Wood, Ph.D. about how the trucking industry has changed over the years. Jay shares a bit about his extensive experience in the transportation field and talks about the changes he has seen in the trucking industry over the years. He also gives his thoughts on what he would like to see the industry put more focus on and the biggest challenges he sees in the trucking industry. Steve and Jay talk about how important it is for defense attorneys who...
2021-09-2721 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 88 - Litigation and Insurance DefenseChantal Roberts, Principal & CEO of CMR Consulting, joins the podcast to talk about litigation and the insurance industry. Chantal serves as an expert witness for claims handling standards and procedures and has a wealth of knowledge about the claims process. Chantal and Dr. Bill Kanasky, Jr. talk about the shortsightedness of the insurance defense industry and what the reasoning is behind how insurance companies approach litigation. They discuss how an investment earlier in the litigation process by insurance companies could manifest in significant cost savings. They talk about how claims departments adjust claims, the relationship between primary carriers and...
2021-09-2028 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 87 - Attorney CredibilitySteve Wood, Ph.D. talks about what he's been witnessing lately with attorney presentations in mock trials and focus groups, how those attorneys are being perceived by mock jurors, and the impact that has on jurors' impressions of the attorney's credibility. Steve shares the research and insights he's collected on attorney credibility and the impact attorney credibility has on case outcomes. Persuasiveness and credibility are impacted by likeability, similarity, and physical attractiveness, plus trust. Steve offers suggestions on what younger attorneys, in particular, can do to become better and strong presenters and exude more credibility. He also talks about...
2021-09-1312 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 86 - Buyer‘s RemorseDr. Steve Wood joins Dr. Bill Kanasky to discuss the topic of buyer's remorse in litigation consulting. Bill shares some recent examples of clients who have invested in witness training and/or jury research, win their case or otherwise get a favorable result, but then have buyer's remorse when they get the invoice. Steve talks about the psychology of what causes that perspective, the underlying human behavior and motivation, and explains and describes "approach motivation" and "avoidance motivation". Bill and Steve talk about the disconnect between the identified need in advance of the outcome and the feeling about the...
2021-09-0641 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 85 - From Law Enforcement to Practicing AttorneyJustin Ratley, Attorney with Munsch Hardt in Houston, TX, joins the podcast to talk about his background in military intelligence and federal law enforcement prior to going to law school to become an attorney. Justin discusses with Dr. Steve Wood how his experience in law enforcement has influenced his work as an attorney, including how he approaches interviewing witnesses at deposition and how its different than his experience in an interrogation room. Justin shares what he learned in his transition from law enforcement to a practicing attorney and how he brings extra value in his work with his clients...
2021-08-3014 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 84 - Attorney and Author Mike Bassett on "The Man in the Ditch"Mike Bassett, Senior Partner of The Bassett Law Firm, joins the podcast to talk about his new book "The Man in the Ditch". Mike shares with Dr. Bill Kanasky what "The Ditch" is and what inspired the book, which is described as a story about undeserved privilege, unlimited potential, hard work, and hustle. A story about self-inflicted wounds, hubris, insecurity, shame, and abandonment. Mike also talks about the challenges and emotions of being a trial attorney and the opportunities that come from failure. Bill and Mike share their perspectives on Millennial attorneys and the difference in their perspectives about...
2021-08-2326 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 83 - Defending Trucking CasesDefense attorneys Melissa Graves and Rick Joslin from Collins Einhorn Farrell join the podcast to talk with Dr. Steve Wood about trucking litigation. They discuss their approach to defending trucking cases by focusing on both the liability angle and damages. They talk about the importance of starting work on the case early with reviewing evidence and speaking to witnesses and emphasizing the criticality of an early start with their trucking clients and the insurance companies. Melissa and Rick share that the most difficult issue with defending trucking litigation cases is the scope of the damages, especially in fatalities or...
2021-08-1622 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 82 - JFK Assassination Expert Jefferson Morley - Part 2Author and former Washington Post reporter Jefferson Morley, one of the world’s most credible authorities on the assassination of President John F. Kennedy, joins the podcast for the second of a two part episode to talk all about the JFK assassination. Mr. Morley is the editor of the blog JFK Facts (jfkfacts.org).
In this episode, Morley and Dr. Bill Kanasky discuss video and audio from the day of the assassination plus Jim Garrison and the trial of Clay Shaw. They talk about if there were other threats or attempts on JFK's life before Dallas and why...
2021-08-0946 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 81 - JFK Assassination Expert Jefferson Morley - Part 1Author and former Washington Post reporter Jefferson Morley, one of the world’s most credible authorities on the assassination of President John F. Kennedy, joins the podcast for the first of a two part episode to talk all about the JFK assassination. Mr. Morley is also the editor of the blog JFK Facts (jfkfacts.org) and shares his background on how, when, and why he became interested in the topic of the JFK assassination. Morley and Dr. Bill Kanasky discuss a range of topics including deeper information about Lee Harvey Oswald and answer a burning question: if Jack Ruby ha...
2021-08-0234 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 80 - The Danger of SafetySteve Wood, Ph.D. and Bill Kanasky, Jr., Ph.D. discuss the litigation risks and dangers for companies that make statements like "Safety is our top priority." Steve and Bill talk about how and why that seemingly innocuous statement is neither true nor accurate and how the plaintiff's bar has successfully used this type of language against companies and witnesses to great success. Bill provides a real-life example of this safety priority example, the obvious dangers due to the language, and how it raises the legal bar when phrases like "safety is our top priority" are used. The unrealistic...
2021-07-2620 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 79 - Strategies for Settlement NegotiationsKellie Howard-Goudy, Attorney with Collins Einhorn Farrell, joins the podcast to talk about strategies for settlement negotiations. Since over 95% of cases settle, honing the skills and process to manage settlement negotiations is a critical skill for litigators. Kellie shares her strategy for settlement negotiations with Dr. Steve Wood including developing a risk/benefit analysis. Communication with the client is also key to the settlement strategy as it is important to consistently remind your client about the definition of a win. Kellie also talks about how critical it is to know the strengths and weaknesses of your case and the...
2021-07-1928 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 78 - Bluewire: Trucking Litigation Defense SoftwareSteven Bryan, CEO and Doug Marcello, Chief Legal Officer, of Bluewire join the podcast to talk about their new company that uses software to help trucking companies identify reputational vulnerabilities in the defense of their litigation. Steven provides some background on how the company came about and their areas of focus. Bluewire has identified reputation as a key contributor to nuclear verdicts and Steven and Doug share how leveraging technology, data, and a network of experts helps give the trucking industry the tools to defend themselves against Reptile and nuclear verdicts. They also discuss the Motor Carrier Reputation Survey...
2021-07-1242 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 77 - Safety is NOT Your Top PrioritySean Murphy, Practice Leader, CSI Critical Communications joins Dr. Steve Wood to talk about the myth that safety is the top priority for most businesses. Many company communications, mission statements, and handbooks default to stating that the safety of their employees/customers/shareholders/community is the foremost priority of their business, but this unnecessarily blanket claim can create potential litigation issues in the future. And this issue has become even more pervasive since the start of the Coronavirus pandemic.
Sean and Steve discuss the importance of companies aligning their crisis communications with their litigation strategy and understanding t...
2021-07-0521 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 76 - What Young Attorneys Need to KnowOur guest for this episode of The Litigation Psychology Podcast is Punam Kaji, Assistant General Counsel for Ben E. Keith. Punam is focused on employment and litigation matters for the company and is the 2021 winner of the Outstanding Young Lawyer Award of Tarrant County (TX) Young Lawyers Association. She shares with Dr. Steve Wood some of her background as a young attorney and how her experience has benefited from working in a law firm as well as in-house.
Punam talks about how young attorneys can help their firm's litigators assess how strong their case is for trial, p...
2021-06-2823 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 75 - Frequently Asked QuestionsA special episode for the 75th edition of The Litigation Psychology Podcast. Dr. Bill Kanasky answers questions that have come in from podcast viewers and listeners. The questions asked and answered:
- Should I do my mock trial in the actual venue of the lawsuit?
- How should I handle confidentiality and do you recommend using real names in the mock trial?
- My witness is not responding back to me. What do I do?
- I started my opening statement with the company commercial to humanize my client, but I got hit with...
2021-06-2119 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 74 - How to Manage and Prepare Emotional Witnesses for DepositionAttorney Matt LaBeau with Collins Einhorn Farrell joins Dr. Steve Wood to discuss preparing emotional witnesses for deposition. Matt talks about the different types of emotions that witnesses might be struggling with (sadness, anger, nervousness) and how important it is to identify in advance if your witness may be an emotional one so that the attorney and consultant can offer the proper level of preparation and training. Matt shares some examples of emotional witnesses he has worked with where things went well, as well as the story of a challenging witness whose testimony ended up sinking the case. Steve...
2021-06-1427 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 73 - Cognitive Fatigue of Witnesses at DepositionIn 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 fatigue:
negative reinforcement (plaintiff attorney wearing down the witness);
virtual testimony (virtual sessions can be more draining than...
2021-06-0730 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 72 - Trucking and Construction LitigationEric 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 and trial and how Eric approaches the witnesses he works with in order to build trust and rapport. They talk about the challenge of working...
2021-05-3125 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 71 - Mental Health AwarenessMay 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 beyond the litigation which can impact their ability to avoid opposing counsel tricks and feel confident and calm for their deposition testimony. The group also talks...
2021-05-2424 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 70 - Traumatic Brain Injury CasesRick 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 highlights and explains the importance of obtaining specific types of records early in the process including medical records, high...
2021-05-1721 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 69 - The Evolution of the Insurance Claims ProcessTim 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 have begun to place more emphasis on improving the customer experience and the benefits to client retention and...
2021-05-1028 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 68 - Cross Examination Strategies and TacticsWith 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 cross based on the jury, and how they handle cross examination of an adverse co-defendant. Paul and Georgianne also share specific case examples...
2021-05-0327 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 67 - Keys to Preparing for Virtual DepositionsColleen 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 technology beforehand and teaching the witness to identify and address any issues or distractions that can be dealt with in advance of the...
2021-04-2632 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 66 - Ellen Voie - President & CEO Women in Trucking AssociationEllen 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 their members. Ellen and Bill also discuss how the association works with drivers t...
2021-04-1918 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 65 - Attorney Inspiration from Kanye WestBrent 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 episode includes multiple examples and stories from both Kanye's career as well as from different cases that demonstrate how attorneys truly can...
2021-04-1223 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 64 - Intellectual Property LitigationJonathan 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 many times it involved relatively complicated technology, Jonathan talks about the value of leveraging mock trials to test how to...
2021-04-0516 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 63 - Reptile, Reverse Reptile and AnchoringAttorney 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 at trial and the importance of practicing the skills to defend against reptile, plus more. Watch the video edition of...
2021-03-2932 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 62 - Frank Ramos, Jr. on Mentoring AttorneysWell-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 continue and improve over time. Lastly, he offers his perspective on career opportunities, how firms can address the increased turnover of associates...
2021-03-2219 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 61 - Preparing Witnesses for Reptile DepositionsBrad 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 preparing corporate and 30(b)(6) witnesses. Bill and Brad also talk about cognitive fatigue in deposition, their recommendations on when breaks should be taken, how...
2021-03-1526 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 60 - Managing Trucking LitigationTrucking 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 Reptile attorneys at deposition, life care plans, surveillance video, and the challenge with being a black female attorney in the trucking...
2021-03-0821 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 59 - Best Practices for Managing Large CasesTrial 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 evaluations of the witnesses based on those discussions. The group also discuss the challenges...
2021-03-0128 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 58 - Heather Snider on Zoom TrialsShareholder 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 pre-judgement interest of 9% from notice of injury and what the ramifications of that could be if signed into law. Lastly, Heather and Bill share...
2021-02-2223 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 57 - Brent Turman on Storytelling in LitigationTrial 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 argument for trial based on the use of the classic 3 Act structure. He...
2021-02-1521 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 56 - Trucking, Covid-19 and Juror PerceptionsThis 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 and the opportunities that still exist for the trucking industry to highlight the positive things they do and contributions they make to society...
2021-02-0816 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 55 - Managing Witness Mental Health for DepositionTrucking 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 about Covid-19, about current political and social issues, etc., to identify potential mental stressors they may be dealing with before you start on...
2021-02-0125 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 54 - Attorney Mark Perkins on Mental Health in LitigationTrucking 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 talk about the importance of taking the time to talk to witnesses about the litigation process and to...
2021-01-2528 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 53 - Mental Health and Trucking LitigationOur focus on mental health issues in litigation continues with trucking attorney Larry Hall, Shareholder with Sandberg Phoenix law firm in St. Louis, MO. Larry is the head of the transportation group and has extensive experience in trucking litigation. Larry and Dr. Bill Kanasky discuss the historically negative perception that jurors have had of the trucking industry and the opportunities that defense counsel need to take advantage of during voir dire and opening statements to bring more attention to how critical truck drivers and the transportation industry are to our daily lives, particularly during the pandemic. Larry and Bill...
2021-01-1819 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 52 - Mental Health of WitnessesIn this episode of The Litigation Psychology Podcast, Bill Kanasky, Ph.D. and Alyssa Parker, Ph.D. discuss the sensitive but hugely important topic of mental health. Mental health has always been a factor in litigation but since the onset of the Coronavirus pandemic, it has become broader and more critical, affecting an even larger percentage of the population. Dr. Kanasky and Dr. Parker talk about the challenges and stigma associated with mental health, the increase in mental health needs due to Covid-19, and the difficulty of accessing mental health treatment during the pandemic. They also share their expert...
2021-01-1120 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 51 - Attorney Demeanor with Paul Motz & Matt MoffettIn this week's podcast, trial attorneys Paul Motz, Shareholder, Segal McCambridge Singer & Mahoney and Matt Moffett, Partner, Gray, Rust, St. Amand, Moffett & Brieske, LLP, join CSI Litigation Consultants Dr. Steve Wood and Dr. Bill Kanasky to discuss the topic of attorney credibility and attorney demeanor. The group talks about the difference between plaintiff and defense attorney performance, the aggressiveness of plaintiff attorneys compared to defense attorneys, and how that aggressiveness impacts all aspects of the litigation process, not just the trial. They speak about how the plaintiff’s bar has kept the defense bar in a reactive mode, how th...
2021-01-0430 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 50 - Best Practices for Video DepositionsVideo has become common for depositions, mediations, and witness trainings during these days of physical distancing. But appearing on video for these virtual sessions isn't the same as being in person and requires a specific approach and attention to detail to different things. Jackie Arguijo, Video Production Coordinator for Courtroom Sciences, Inc. joins the podcast to talk about best practices for video sessions including video and audio tips, your environment, lighting, how to limit distractions, testing your internet connection, and so much more. A practical session to help better manage any virtual meeting. Watch the video version of this...
2020-12-2121 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 49 - Virtual Witness Training, the Good, Bad, and the UglyIn this episode of the Litigation Psychology Podcast, CSI Litigation Consultants Dr. Bill Kanasky, Dr. Alyssa Parker, and Dr. Steve Wood discuss virtual witness training best practices. The team talks about the advantages of conducting witness effectiveness trainings virtually since depositions are also being done remotely, as well as how they go about delivering effective witness training when they can’t be in the same room as the witness and attorneys. Additional topics discussed include their experiences with the best – and worst - physical setups for the virtual trainings, what the advantages are for virtual training and depositions over in-p...
2020-12-1424 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 48 - Doug Marcello on Trucking LitigationTrucking attorney Doug Marcello joins the podcast to discuss trial tactics for trucking litigation cases. Doug shares the process he uses in planning his case, the importance of persuasion, and how he builds a story for the jury right from opening statement. Doug and Dr. Bill Kanasky also talk about the impact of Reptile on trucking litigation with the ubiquitous - and dangerous - challenge of the "safety is our top priority" mantra in the transportation industry and how to address this when you have clients who are actively promoting "safety" in their company's marketing materials including websites, employee...
2020-12-0719 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 47 - Toxic Tort Cases with Attorney Rick BraunRick Braun, Partner in the Detroit office of Hawkins Parnell and Young, LLP talks with CSI Litigation Consultant Dr. Steve Wood about toxic tort cases, how the media portrays these types of cases and how these portrayals impact defending toxic tort cases. They discuss the influence of pop culture, infotainment, "pseudo-science", and plaintiff attorney TV advertising on the perceptions of the jury pool and how defense attorneys need to prepare to defend against these influences. Additional topics include the importance of a credible narrative for your case, the criticality of a well-trained corporate representative and expert witnesses, and the...
2020-11-3027 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 46 - Tim Christ on Forensic Engineering for Insurance ClaimsAuthor, forensic engineer, and insurance industry expert Tim Christ joins the podcast to discuss forensic investigations for fraud and how his book on this topic: Becoming a World-Class Expert: The Business of Forensic Engineering came to be. Tim talks about how mediations can be used to resolve claims, what a client should look for when hiring an expert, the importance of preparing expert witnesses just like preparing fact witnesses, and how experts can be used to thwart injury claims by plaintiff, and more. To watch the video of this podcast: https://www.courtroomsciences.com/r/Uxj
2020-11-2322 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 45 - Nuclear Verdicts & The Myth of Social InflationCSI Litigation Consultant Dr. Steve Wood joins the podcast to discuss the causes of nuclear verdicts and the myth of social inflation. Dr. Wood and Dr. Kanasky explain the psychology behind the concept of social inflation and why it is being promoted so much. They also talk about how you can leverage early jury research and science to find out what will happen in a case, and the importance of doing this research before settlement negotiations start. Lastly, they discuss the myth of the millennial juror plus how the plaintiff's bar is doing so much more, and so much...
2020-11-1613 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 44 - Jason Long on Healthcare LitigationJason Long, Attorney with London | Amburn Attorneys at Law joins the podcast to discuss several healthcare litigation topics. Jason and Dr. Bill Kanasky talk about what the impacts of Covid-19 have been - both good and bad - on witness training, depositions, and some lessons learned thus far. They also chat about the importance of talking to healthcare professionals on how to answer questions about documentation, and setting expectations around documentation, to prevent from being trapped by reptile questions. Jason and Bill also highlight the challenges of working with nurse witnesses who, due to the circumstances of specific cases...
2020-11-0932 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 43 - John E. Hall, Jr. on Healthcare LitigationIn this episode of The Litigation Psychology Podcast, Dr. Bill Kanasky is joined by Atlanta area trial attorney John E. Hall, Jr., Partner, Hall Booth Smith to discuss healthcare litigation. Bill and John talk about birth injury cases and the importance of understanding the basics of the medical aspects of the case, as well as the emotions of the family and the nurses and healthcare staff in these cases. They also discuss their perspective on giving healthcare workers the freedom to defend themselves based on the legal standard, not the medical standard, and what that means, especially in light...
2020-11-0226 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 42 - Role of Emotion in Witness Deposition TestimonyIn this podcast, CSI Litigation Consultant Dr. Bill Kanasky discusses the destructive role that emotion can play in witness deposition testimony. Emotion kills cognition and sends witnesses into a fight or fight response (the amygdala hijack). In this podcast, Dr. Kanasky shows examples of emotional witnesses and discusses how CSI's experts use neurocognitive training to prepare witnesses to stay calm during testimony, leading to better answers and better deposition testimony. To watch the video version of this podcast: https://www.courtroomsciences.com/r/DeC.
2020-10-2606 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 41 - Doug Marcello & Nuclear VerdictsIn this special edition of The Litigation Psychology Podcast, Trucking Litigation Attorney Doug Marcello interviews Dr. Bill Kanasky on the subject of nuclear verdicts. They discuss the definition of a nuclear verdict and what causes a nuclear verdict to occur, including the impact of Reptile and witness testimony on nuclear verdicts. Doug and Bill also take a deep dive into the importance of using the scientific method in trial research, why hunches or previous verdicts in the venue are fraught with limitations, and why claims adjusters should leverage scientifically gathered data before writing settlement checks. They also tackle the...
2020-10-1942 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 40 - Deposition TestimonyIn this episode, CSI Litigation Consultant Dr. Bill Kanasky discusses the goals of deposition testimony, while addressing the issues with "pivoting" and why its such a poor strategy. Dr. Kanasky also shares examples of poor deposition testimony along with examples of great testimony to highlight the differences and how to achieve them. To watch the video version of this podcast: https://www.courtroomsciences.com/r/A3b
2020-10-1207 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 39 - Voir Dire in a Post COVID-19 WorldDemographics (age, gender, political affiliation, occupation, etc.) are not predictive of juror behavior and decision-making. Instead, juror attitudes, beliefs, experiences, and personality traits are what most influence how jurors will evaluate a case. Understanding these deeper characteristics requires a different, more scientific approach to voir dire, particularly with jurors you will encounter post-Covid-19. This episode of The Litigation Psychology Podcast describes why demographics aren't predictive, how jurors actually make decisions, and what changes you should implement in voir dire to select the best jurors for your case. To watch the video version of this podcast: https://www.courtroomsciences.com/r...
2020-10-0507 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 38 - The Impact of Political Affiliation on Jurors' VerdictsIn recent years, American politics have been highly polarized. CSI's Litigation Consultants recently conducted research on the extent to which jurors’ political affiliation “matters,” and illustrates why jurors’ political orientation must be considered within the context of other social and psychological factors to maximize the effectiveness of jury selection strategy.
In this episode of The Litigation Psychology Podcast, CSI Litigation Consultants Dr. Steve Wood and Dr. Lorie Sicafuse discuss this research and what the results mean for attorneys and their perceptions about jury selection.
2020-09-2822 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 37 - Dale Paleschic on Healthcare LitigationThe Litigation Psychology Podcast welcomes Dale Paleschic, Managing Partner at Luks, Santaniello, Petrillo & Cohen in Tallahassee, FL. Dale and Dr. Bill Kanasky discuss the challenges of deposition and witness testimony of different types of healthcare professionals, including nursing staff and foreign-born physicians. Plus, they talk about why healthcare professionals, especially nurses, are so susceptible to plaintiff reptile attacks. To watch the video of this podcast: https://www.courtroomsciences.com/blog/the-csi-blog-1/post/the-litigation-psychology-podcast-episode-37-165
2020-09-2125 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 36 - Georgianne Walker on Medical Malpractice Litigation and more!The guest for this episode of The Litigation Psychology Podcast is Georgianne Walker, Partner at May Oberfell Lorber. Georgianne talks to us about the challenges of preparing foreign-born physician witnesses for testimony and the concerns and anxieties of some foreign-born physicians. She also discusses the challenges of working as a female attorney and her advice for younger, early career female attorneys. Bill and Georgianne also talk about preparing for a plaintiff reptile attack, the consequences of a bad deposition and the power of a well-prepared, effective deposition and testimony, plus adjustments that need to be made in voir dire...
2020-09-1416 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 35 - Attorney Tad Eckenrode on Medical Malpractice LitigationDr. Bill Kanasky interviews St. Louis defense attorney Tad Eckenrode, Partner at Eckenrode-Maupin, about medical malpractice litigation, preparing doctors, physicians and healthcare professionals for testimony, and juror perceptions of healthcare workers in the COVID-19 era. To watch the video version of this podcast: https://bit.ly/336z1uZ.
2020-08-3114 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 34 - The Reptile Opening StatementThis episode of The Litigation Psychology Podcast highlights a topic that doesn't get very much attention: the Reptile Opening Statement. Dr. Bill Kanasky discusses how Reptile attorneys build an opening statement and how a defense attorney needs to be prepared and respond. Dr. Kanasky also provides an explanation of Primacy and Recency Effects, as well as the top miscues by defense attorneys in their opening statements. To view the video version of this podcast, click here: https://bit.ly/2XbHKbq
2020-08-2411 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 33 - The Importance of Attorney CredibilityOn this episode of The Litigation Psychology Podcast, Dr. Lorie Sicafuse and Dr. Steve Wood discuss the topic of attorney credibility. Dr. Wood has researched attorney credibility for a number of years and shares his insights on the importance of the credibility of both plaintiff and defense attorneys to jurors during the litigation process. They discuss what jurors see that makes them believe that an attorney is or is not credible, what factors they like and don't like to see from an attorney, and what attorneys can do to be seen as more credible by jurors.
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2020-08-1731 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 32 - Danielle Hall, Managing Director at WatchpointOur guest for this video episode of The Litigation Psychology Podcast is Danielle Hall, Managing Director for Watchpoint, a private investigations firm. Danielle shares how Watchpoint assists litigators in providing legal support, as well as surveillance, pre- and post-employment background checks, witness statements and other digital intelligence. To view the video version of this podcast, go here: https://www.courtroomsciences.com/r/39F
2020-08-1014 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 31 - Nuclear Verdicts with Dr. George SpeckartThis video episode of The Litigation Psychology Podcast features Dr. Bill Kanasky and Dr. George Speckart discussing the hot topic of nuclear verdicts and nuclear settlements. Dr. Kanasky and Dr. Speckart wrote an extensive article on the nuclear verdict phenomenon and talk about their insights and analysis. To watch the video of this podcast: https://bit.ly/2zmCuJk.
2020-08-0318 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 30 - Trucking Attorney Mike Bassett on Hot Topics in Trucking LitigationMike Bassett, Senior Partner, The Bassett Firm in Dallas, TX joins The Litigation Psychology Podcast to discuss a number of topics in trucking litigation including the challenges with preparing truck drivers for testimony, how to manage the relationship with drivers and the on-going problem of nuclear verdicts. In addition, Mike shares his thoughts on what the industry can do to prevent these nuclear verdicts, including going on the offensive and not always play defense, and communicating more within the defense bar. Mike also gives his thoughts on anchoring, plaintiff's bar advertising against the trucking industry and continuing dangers of...
2020-07-2721 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 29 - Mark Perkins - The Impact of Catastrophic Events on JurorsTrucking Attorney Mark Perkins of Perkins and Associates joins this video edition of The Litigation Psychology Podcast to discuss jury selection for trucking defense in light of catastrophic events in Louisiana such Hurricanes Katrina and Hurricane Rita, the BP Oil Spill and now COVID-19! To watch the video of this podcast: https://www.courtroomsciences.com/r/vYe
2020-07-2019 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 28 - Reptile - Part II - Reptile and the Appellate ProcessOn this episode of The Litigation Psychology Podcast, Dr. Bill Kanasky is joined by attorneys Steve Fleischman and Rob Wright of Horvitz & Levy to discuss a topic that doesn't get much attention: Reptile Theory and its impact during the appellate process. Steve and Rob are experts on this topic and offer their insights on how reptile affects their work with clients and in court.
2020-07-1340 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 27 - De Smith, Executive Director of the National Football League Players AssociationA very special guest joins The Litigation Psychology Podcast - DeMaurice Smith, Executive Director of the National Football League Players Association (NFLPA). De Smith discusses how NFL players are coping with COVID-19, his extensive experience as a trial attorney, including the art of storytelling in front of a jury and the importance of crisp, effective witness testimony at trial. De also describes the challenges of running a major professional sports players association, the role of sports in helping to address and solve societal issues in the country, his thoughts on a minor league for professional football, and much more...
2020-07-0639 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 26 - The Amygdala HijackIn this video episode of The Litigation Psychology Podcast, Dr. Bill Kanasky gives an overview of what occurs when a witness "loses their mind" during testimony and what can be done to prevent these meltdowns. Witnesses are particularly vulnerable to plaintiff reptile attacks which prey on witnesses that have not been trained effectively to avoid these traps through advanced neuro-cognitive training. To watch the video version of this podcast: https://www.courtroomsciences.com/r/mDt
2020-07-0108 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 25 - Doug Marcello on hot topics in trucking litigationThis video episode of The Litigation Psychology Podcast features an interview with Doug Marcello, Trial Attorney, Marcello & Kivisto. Doug and Dr. Bill Kanasky discuss numerous topics around trucking and transportation litigation including the challenges of preparing witnesses for testimony, particularly truck drivers and the ever-increasing nuclear verdicts and nuclear settlements,. They also discuss the implications on litigation of the increased use of technology in the industry, the ever-present reptile in trucking litigation and their views on plaintiff bar advertising targeting the trucking and transportation industry. To watch the video of this podcast: https://bit.ly/2XmUQll.
2020-06-2614 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 24 - Liz Skane on COVID-19 and juries, nuclear verdicts and CA judgesThis video episode of The Litigation Psychology Podcast features an interview with Liz Skane, Partner with Skane Wilcox. Liz and Dr. Bill Kanasky discuss the impact of COVID-19 on litigation and juries and the continued presence of reptile in litigation and its effect on nuclear verdicts. Liz and Bill also talk about the exposure companies are creating for themselves with their COVID-19 messaging, plus their experiences with CA judges. To watch the video of this podcast: https://bit.ly/3gemIAP.
2020-06-2413 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 23 - Dr. Alyssa Parker on challenges with preparing witnesses in trucking litigationThis video edition of The Litigation Psychology Podcast features CSI Litigation Consultant Dr. Alyssa Parker discussing her experiences with preparing witnesses for deposition in trucking litigation. Dr. Parker also talks about the process of preparing healthcare workers for deposition, as both of these personas have specific needs and challenges that must be overcome before testimony. To view the video version of the podcast: https://bit.ly/3cR3UWd.
2020-06-2214 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 22 - Introduction to Reptile - Part IIn this episode of The Litigation Psychology Podcast, Dr. Bill Kanasky provides an introduction to the Reptile Theory and Reptile Attack. Dr. Kanasky shares background on where and how the Reptile Theory began, why its been so incredibly successful, and gives multiple examples of how witnesses fall for the Reptile tricks and traps. Also covered are how Reptile attacks can be avoided through advanced neuro-cognitive training.
2020-06-1545 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 21 - Attorney Matt Moffett & Dr. Lorie Sicafuse on the importance of science in litigationThis video episode of The Litigation Psychology Podcast features two guests: Matthew Moffett, Partner with Gray, Rust, St. Amand, Moffett & Brieske, LLP and Dr. Lorie Sicafuse, CSI Litigation Consultant. Matt and Lorie join Dr. Bill Kanasky to discuss virtual depositions, the exposure that is being created by COVID-19 communications sent by businesses, and the on-going challenge of nuclear verdicts and settlements. They also offer their thoughts on the influence of COVID-19 on juror perceptions and how litigators will need to adjust, and the continued importance of science and rigorous research in mediation and trial preparation.
2020-06-1216 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 20 - Kurt Spengler on Hot Topics in Trucking & TransportationThis video episode of The Litigation Psychology Podcast features Dr. Bill Kanasky interviewing Kurt Spengler, Partner at Wicker Smith, on topics in the trucking industry including the increase of technology in the industry and the increase in nuclear verdicts.They also discuss the lack of communication within the trucking and transportation industry and amongst the defense bar in general, the current good PR that the trucking industry is enjoying in the COVID-19 and if it will last, and the on-going challenge of reptile in trucking litigation. To watch the video version of this podcast: https://bit.ly/3gegVLE.
2020-06-1017 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 19 - Crisis and Litigation CommunicationsThis video episode of The Litigation Psychology Podcast features Sean Murphy, Practice Leader of the CSI Critical Communications team, explaining the difference between Critical Communications and PR, plus the impact that COVID-19 is having on the reputation of the trucking and transportation industry. Sean and Dr. Bill Kanasky also discuss the critical mistakes and missteps that companies are making with their COVID-19 communications, both internally and externally, and the importance of strategic communications planning. To watch the video of this podcast, click here: https://bit.ly/2LQJOzp.
2020-06-0813 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 18 - Timmy Yeary - Trucking LitigationThis video episode of The Litigation Psychology Podcast features Tim Yeary, Transportation Producer, with an insurance agency that specializes in the trucking industry. Tim discusses his thoughts on COVID-19 safety rule changes, nuclear verdicts in the trucking and transportation industry and the impacts of technology in trucking industry. Plus, we cover the continued presence and challenge of the reptile attack in trucking litigation, how and when to prepare for a potential reptile attack and the fact that the defense bar is not as proactive as the plaintiffs bar and the risks with that. To watch the video version of...
2020-06-0521 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 17 - The Challenges and Opportunities with Witnesses in Trucking LitigationThis video episode of The Litigation Psychology Podcast features CSI Litigation Consultant Dr. Steve Wood discussing his experiences with preparing trucking and transportation industry witnesses and the dangers of reptile attacks in trucking witness preparation. Dr. Wood also offers his insights on how juror perceptions of truck drivers and the trucking industry may shift in light of positive COVID-19 PR, what the impact is of plaintiff bar advertising in the trucking industry and the distinct advantages of engaging with a litigation psychologist before depositions occur vs. after. To watch the video of this podcast: https://bit.ly/2TuXrZr.
2020-06-0313 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 16 - Nuclear Verdicts part VThis episode of The Litigation Psychology Podcast, presented by Courtroom Sciences, Inc. (CSI), is all about the art and science of jury selection. CSI Jury and Litigation Consulting experts Dr. Bill Kanasky and Dr. George Speckart discuss how rules for jury selection are drastically different across not just venues but across judges and how these differences need to be managed. They also cover some of the myths and assumptions about what makes a "plaintiff juror" or a "defense juror", the importance of a scientifically-valid supplemental juror questionnaire, how simple demographics such as political leanings aren't reliable indicators of how a...
2020-06-0138 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 15 - Benjamin Newman - MediationsThis episode of The Litigation Psychology Podcast, presented by Courtroom Sciences, Inc. (CSI), features Florida-based mediation services provider Benjamin Newman. Ben discusses how the pandemic has impacted mediations and the do's and dont's of conducting mediations virtually. Ben also talks about the presence of reptile attacks in the mediation process and how healthcare providers, truck drivers, and other front-line workers are being perceived in the light of their efforts during the COVID-19 pandemic. To watch the video version of this episode: https://bit.ly/3g8XgwA.
2020-05-2916 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 14 - Jurors in the Age of CoronavirusThis Litigation Psychology Podcast episode, presented by Courtroom Sciences, Inc. (CSI), features Dr. Bill Kanasky and Dr. George Speckart discussing the potentially far-reaching impacts of the COVID-19 pandemic on jurors and jury panels. Dr. Kanasky and Dr. Speckart compare this pandemic to other 'black swan' events from the past, talk about juror attitudes and potential changes in the COVID-19 era and the future for nuclear verdicts. Click here to watch the video version of this episode: https://bit.ly/2WPiK9W.
2020-05-2617 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 13 - Holly Howanitz - Reptile, COVID-19 Juries & Plaintiff AdsThis episode of The Litigation Psychology Podcast, presented by Courtroom Sciences, Inc. (CSI), features Holly Howanitz, Partner at Wicker Smith, discussing how Reptile is still thriving, what jury panels might look like in the era of Coronavirus, and the challenges of plaintiff advertising. To view the video edition of podcast click here: https://bit.ly/3g7IdDu.
2020-05-2210 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 12 - Steve Fleischman - Reptile and COVID-19This episode of The Litigation Psychology Podcast, presented by Courtroom Sciences, Inc. (CSI), features Steve Fleischman, Partner at Horvitz & Levy, discussing the on-going threats of reptile attacks, how companies are creating exposure for themselves with their COVID-19 communications, and the challenges of juries and trials in the era of COVID-19. To watch the video of this podcast, click here: https://bit.ly/2ZiqpiU.
2020-05-2013 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 11 - The Impact of the COVID-19 Crisis on Civil Jurors' Attitudes and Decision-MakingIn this episode of The Litigation Psychology Podcast, CSI Litigation Consultants Dr. Steve Wood and Dr. Lorie Sicafuse discuss what the research says about how jurors' attitudes, behaviors, beliefs, and decision-making might be affected by the COVID-19 pandemic. They discuss how thought processes and decision-making processes could be influenced by the COVID-19 crisis and what affect juror attitudes about Asian-Americans, as well as those on the front lines of the pandemic such as nurses, doctors, and truck drivers, might have on their evaluation of case facts. Plus, they cover what companies should be doing now in preparation for future...
2020-05-1832 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 10 - Philip Willman (President of DRI)In this video episode of The Litigation Psychology Podcast, the President of DRI discusses how DRI is handling the pandemic response for their membership, as well as insights on nuclear verdicts, the challenges with battling third-party funding of plaintiff's litigation, the value of preparing witnesses for reptile attacks before depositions and the pros and cons of virtual depositions, plus an update on DRI's plans for in-person events. View the video version of the podcast here: https://bit.ly/2Lw8RI4.
2020-05-1515 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 9 - John Nunnally - TruckingJohn Nunnally, Partner at Ragsdale Liggett, joins Dr. Bill Kanasky to discuss litigation in the trucking and transportation industry in the era of COVID-19. Bill and John talk about how recent good PR for the trucking industry might impact juror perceptions, the challenges with preparing truck drivers and safety directors for depositions and what the jury pool might look like in a post-COVID-19 world. To watch the video of the podcast, go here: https://bit.ly/2yIBU8B
2020-05-1315 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 8 - Bob Tyson - Nuclear VerdictsDefense attorney Bob Tyson joins Dr. Bill Kanasky for the first video episode of The Litigation Psychology Podcast. Bob and Bill discuss the challenges for the defense bar with millennial attorneys, Bob's new book on Nuclear Verdicts and the impact COVID-19 may have on jury decision making. To view the video version of this podcast, visit: https://bit.ly/2AhTPDl
2020-05-1111 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 7 - Trucking and Transportation Litigation in the Era of COVID-19The Litigation Psychology Podcast, presented by Courtroom Sciences, Inc. (CSI) presents a new episode on litigation in the trucking and transportation industry during the time of COVID-19. In this episode, Dr. Bill Kanasky, CSI Litigation Consultant, is joined by 30-year veteran litigation attorney Mike Bassett. Mike and Bill discuss how the trucking and transportation industry is being recognized for their contributions during the COVID-19 pandemic and how that might influence juror perceptions. They also discuss the importance of storytelling in litigation, how the trucking industry needs to be better prepared for nuclear verdicts by being proactive, how to combat a...
2020-05-0442 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 6 - The Myths of Litigation PsychologyThe Litigation Psychology Podcast, presented by Courtroom Sciences, Inc. (CSI) presents Episode 6! Today's episode is all about the myths of litigation psychology and litigation consulting. Dr. Bill Kanasky is joined by Dr. Steve Wood and together they discuss and address a number of commonly held beliefs and misconceptions about the practice of litigation consulting and what litigation psychology can do to benefit the litigation process. This is an insightful and unique topic which covers everything from mock trials to witness training and more.
2020-04-2733 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 5 - COVID-19 Crisis CommunicationsThe Litigation Psychology Podcast, presented by Courtroom Sciences, Inc. (CSI) presents a special episode dedicated to crisis communications. In this episode we highlight the mistakes and missteps that businesses are making when communicating with customers, employees, and their communities about COVID-19. Dr. Bill Kanasky, CSI Litigation Consultant, is joined by Sean Murphy, head of the CSI Crisis and Litigation Communications team. Sean and Bill discuss how corporations are mismanaging their communications, the legal exposure they are creating for themselves - including potential reptile attacks - and how businesses should approach communicating with key stakeholders during a crisis situation.
2020-04-1532 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 4 - Nuclear Verdicts part IVThe Litigation Psychology Podcast, presented by Courtroom Sciences, Inc. (CSI) is pleased to share Episode 4! In this episode, which continues our series on nuclear verdicts, Dr. Bill Kanasky, CSI Litigation Consultant, is joined by defense attorney and author Robert R. Tyson, Jr. Mr. Tyson discusses his new book titled "Nuclear Verdicts - Defending Justice For All", which is the first book ever written for the defense on how to avoid runaway jury verdicts. Bill and Bob discuss how the plaintiff's bar studies and hones their craft and what the defense bar can do to better prepare for Reptile attacks...
2020-04-1349 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 3 - Nuclear Verdicts part IIIThe Litigation Psychology Podcast, presented by Courtroom Sciences, Inc. (CSI) is pleased to share Episode 3! This episode continues our series of podcasts on nuclear verdicts. This week Dr. Bill Kanasky, CSI Litigation Consultant is joined again by special guest Dr. George Speckart, a 35 year veteran of the litigation consulting industry, to discuss the impact of witness testimony on jury decision making. Dr. Speckart and Dr. Kanasky share some great stories from their experience and how witness testimony has a direct impact on jury nuclear verdicts.
2020-03-3045 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 2 - Nuclear Verdicts part IIThe Litigation Psychology Podcast, presented by Courtroom Sciences, Inc. (CSI) is pleased to share Episode 2! This episode continues the series of podcasts on the hot topic of nuclear verdicts. Dr. Bill Kanasky, CSI Litigation Consultant, welcomes special guest Dr. George Speckart, a 35 year veteran of the litigation consulting industry, and a renowned expert in research methodologies, scientific data collection, and trial and jury consulting. Dr. Kanasky and Dr. Speckart discuss the history of nuclear verdicts, who's to blame, and what companies and defense attorneys can do to protect themselves from nuclear verdicts.
2020-03-1645 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast - Episode 1 - Nuclear VerdictsThe Litigation Psychology Podcast, presented by Courtroom Sciences, Inc. (CSI) is pleased to share Episode 1! This episode is the first in a series of podcasts on the hot topic of nuclear verdicts. Dr. Bill Kanasky, CSI Litigation Consultant, shares his insights on what nuclear verdicts are, why they are occurring and what the defense bar can do about them.
2020-02-2929 minThe Litigation Psychology PodcastThe Litigation Psychology Podcast introductionThis episode provides an introduction to The Litigation Psychology Podcast, presented by Courtroom Sciences, Inc.
2020-02-2804 min