The Litigation Psychology Podcast

#309 - Step-by-Step Guide to Psychologically Training Witnesses for Deposition

CSI Litigation Consultant Sarah Burton, Ph.D. joins Bill Kanasky, Jr., Ph.D. to talk about training witnesses to prepare them for testimony. Sarah shares how she approaches getting to know witnesses before the training formally begins to help put them at ease and to evaluate their mental and emotional state.
Bill and Sarah discuss how challenging it is for witness's brains to be concise when they are so used to explaining and giving details in day-to-day life, and how they help witnesses understand the importance of brevity. They also describe how they go about giving feedback to a witness during the training, how they handle Reptile/Edge Theory questions, and the differences between training a fact witness vs. a corporate representative.
Bill and Sarah talk about how they train witnesses to accept bad facts and why witnesses have to avoid pivoting. Lastly, they explain the importance of simulating the actual deposition experience to ensure that the witness is fully prepared for manipulative tactics or other psychological tricks that the questioner may use.

#308 - A Guide to Attorney Mentoring

Alexander Green, Partner with Lewis Brisbois, joins Bill Kanasky, Jr., Ph.D. to discuss young attorney development and mentoring. Alexander shares his thoughts on what attorney mentorship looks like and how leaders can facilitate development opportunities for early career attorneys within their firms. Alexander also talks about how his career has benefited from having mentors, how he balances being mentored and mentoring others, and what mentees should consider when deciding who to approach for mentorship.

#307 - The Benefits of Repeat Testing in Jury Research

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, liability, apportionment of fault, witnesses, and damages. They also discuss the importance of validity and reliability in jury research and how much they matter in the confidence and certainty around the results. Linda also describes the process that was used when mediation was not successful in this case and the jury research that was conducted in preparation for trial, including testing of opening statement and visuals to avoid missteps prior to trial.

#306 - The Danger of Witnesses Using AI During Testimony Prep

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 using AI in preparation for trial testimony and the credibility issues when this inevitably comes up during trial. Lastly, Bill and Billy highlight what attorneys need to discuss with witnesses on the topic of AI usage during litigation.

#305 – Tips For Success From a Seasoned Trial Attorney

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, proximate cause, and anchoring.

#304 - Managing Negative Thought Patterns of Witnesses

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 until they are fully resolved because they can completely derail the witness's performance.

#303 - Straight Talk About the Insurance Industry

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 beyond safety and risk to other areas such as claims handling in bad faith cases and fairness in employment cases. Lastly, they discuss where things are headed in the insurance industry and the impact and future of AI in insurance.

#302 - The Likeable Plaintiff

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 understanding what jurors think about the likeability, credibility, knowledge, etc. of all witnesses is crucial. Lastly, Bill shares how to address likeability of plaintiff witnesses in voir dire in order to diffuse it as an issue during deliberations.

#301 - Finding the Hidden Vulnerabilities in Your Case with Early Jury Research

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 jury research and how focus groups can, in certain circumstances, be more useful for trial prep than a mock trial. Lastly, they discuss other uses of the focus group model including testing counter-anchors, damages, liability, voir dire, opening statements, and exhibits.

#300 - The Evolution of Litigation Defense

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 of validity in how jury research is conducted, the impact of confirmation bias on the legal team, and how clients need to view jury research as an investment, not simply an expense. The group also talk about attorney recruitment, attorney retention and the benefits of using Culture Index for hiring and team management. Lastly, they discuss the use of AI in legal and the criticality of briefer and tighter opening statements in today's world of short attention spans.