The Litigation Psychology Podcast

The Litigation Psychology Podcast - Episode 244 - Using an Alternate Questioner for Witness Preparation

Bill Kanasky, Jr., Ph.D. talks about witness preparation and the benefits of using an alternate questioner during mock questioning. Bill shares details on how the CSI witness training program works by building a foundation based on psychology. The first phase of the training is educational and focuses on cognition, behavior, and emotion and how the brain operates in its natural state and how we need it to work during testimony. Once the psychological foundation is built, then strategy can take place, which is the second phase of the training. Bill talks about the benefits of recruiting another attorney to roleplay plaintiff's counsel during the mock questioning portion of the witness training. Bill also shares ideas about how to leverage exposure theory and operant conditioning to help guide the witness during their mock questioning and how this is easier to do if you have an alternate questioner. Lastly, Bill suggests that including younger associates or early career attorneys in the witness preparation process is good practice for them, discusses how you know if your witness is ready for their testimony, and how to handle schedule changes with depositions. Watch the video of this episode: https://www.courtroomsciences.com/r/SZ9

The Litigation Psychology Podcast - Episode 243 - Constructing the Plan for a High Profile Trial - Part 2

Bill Kanasky, Jr., Ph.D. and Steve Wood, Ph.D. are joined by NYC trial attorney Tony Battista of Condon & Forsyth LLP in the second part of their discussion about a high profile trial they recently worked on together. The group talks about their approach for opening statements, how many drafts of the opening they had, how many versions they tested with mock jurors, and how they dealt with all of the bad stuff in their case in the opening. Tony shares his strategy for cross-examination and his philosophy on dealing with judges. Tony also discusses how he developed his closing for a 14-week trial and the group talk about how to define a win in any case. Bill, Steve, and Tony share how they maintained their mental and physical health during this lengthy trial preparation process and what some of their key takeaways were from working on this huge case. Lastly, Tony shares insights on how he gets the younger attorneys in his firm training and experience. Watch the video of this episode: https://www.courtroomsciences.com/r/VZF

The Litigation Psychology Podcast - Episode 242 - Constructing the Plan for a High Profile Trial - Part 1

Bill Kanasky, Jr., Ph.D. and Steve Wood, Ph.D. are joined by NYC trial attorney Tony Battista of Condon & Forsyth LLP in the first of a two-part discussion on trial techniques and details on a large aviation fatality case that they recently worked on together. Tony shares his background, talks about how he approaches highly complicated cases, and how he keeps a positive perspective when experiencing difficult days during trial. Tony describes how his team responds to an aviation accident at the time of the incident and what the legal team does to address the emotions of witnesses who are processing a highly tragic situation, including how they manage challenging depositions with these witnesses. Steve shares details behind the jury research conducted for this case and the group talks about the importance of testing and re-testing strategies, themes, concepts, and other ideas that the legal team have to ensure that research-support data are driving decisions and not individual team member biases. Tony, Bill, and Steve also discuss jury selection, the research-based juror profile they developed for voir dire and the importance of sticking with the data-supported profile even when it may seem counter-intuitive to some members of the legal team. Watch the video of this episode: https://www.courtroomsciences.com/r/FR3

The Litigation Psychology Podcast - Episode 241 - Dirty Little Tricks at Deposition

Bill Kanasky, Jr., Ph.D. shares a list of dirty little tricks used by opposing counsel at deposition that can cause issues for witnesses who have not been trained and prepared for these devious tricks. 1. Repetition of questions (i.e., negative reinforcement) 2. Getting the witness on the Yes Train (lull the witness into an agreement pattern)  3. Using silence after a witness's answer to get the witness to share more 4. Asking for clarification on simple points  5. Being friendly (get the witness to drop their guard) 6. Appealing to the witness's ego  7. Asking the witness to help them understand a witness's answer  8. Triggering the witness to have an emotional reaction  9. Having witnesses check the box next to questions printed out on sheets of paper  10. Asking the witness personal questions, particularly about their family  11. Asking the witness a question while holding a document as if the question is on/from the document
Watch the video of this episode: https://www.courtroomsciences.com/r/a3Q

The Litigation Psychology Podcast - Episode 240 - JFK Assassination Updates

Bill Kanasky, Jr., Ph.D. is joined by JFK assassination expert, journalist, and author Jefferson Morley to discuss the latest updates on the still unreleased government documents associated with the JFK assassination. Jefferson provides an overview of where things stand currently with release of JFK assassination documents, particularly with regards to the active litigation around these records' release. Bill and Jefferson compare and contrast the JFK assassination to the assassination attempts on President Reagan and President Trump. They also talk about what people may not know or realize about the JFK assassination. Lastly, Bill and Jefferson talk about the state of journalism today. Watch the video of this episode: https://www.courtroomsciences.com/r/dQe

The Litigation Psychology Podcast - Episode 239 - Career Insights from a Panel of Defense Attorneys

Bill Kanasky, Jr., Ph.D. is joined by Associate Attorney Jeffrey Oates, Attorney Kristin Petty, and Attorney Jason Preciphs from the law firm of Roberts, Carroll, Feldstein, and Peirce. Bill's guests describe the diverse types of cases their firm works on, how their firm attracts and retains associates, and how they provide growth opportunities for their attorneys while also growing the firm. The group share how they talk to clients about getting early career attorneys in their firm the experience they need to be beneficial to the firm's clients. Bill asks the attorneys what surprised them about civil litigation when they first got involved in it and what advice what they would give to younger attorneys. The group have a discussion about artificial intelligence (AI) in legal, what their firm's philosophy is regarding AI, and how they use AI personally. Bill asks the guests how they talk with their clients about the definition of a win and how to help clients realize the benefits of working up cases earlier, particularly by using focus groups. Lastly, the group talks about how they each protect their mental and physical health and maintain a healthy work/life balance in a highly stressful environment and career. Watch the video of this episode: https://www.courtroomsciences.com/r/LfO

The Litigation Psychology Podcast - Episode 238 - The Art and Science of Voir Dire with Unique Questions

Bill Kanasky, Jr., Ph.D. talks about unique voir dire questions, particularly around damages, to help attorneys improve their jury selection process and to set the stage for openings. Bill gives examples of topics to ask about during voir dire that help to indoctrinate jurors. Some of the topics for questions Bill discusses: social inflation, lawsuit abuse, justice for the defense, commenting on articles/social media, anchoring, and open-ended questions. Watch the video of this episode: https://www.courtroomsciences.com/r/gYg

The Litigation Psychology Podcast - Episode 237 - No Trust, No Nothing - The First Meeting with a Witness

Bill Kanasky, Jr., Ph.D. talks about something all attorneys, but particularly early career attorneys, need to keep in mind when preparing witnesses for deposition. Sometimes witnesses come into deposition preparation with some trauma which could be related to the litigation, or from other sources, that may be triggered or further exacerbated by the litigation. It's important for the attorney to build trust with witnesses and not add to this stress in how they interact with and communicate with the witness. Bill explains the concepts of exposure theory and systematic desensitization and how attorneys need to approach witnesses they are preparing. Bill shares ideas for how to handle the initial meeting and conversation with witnesses to gauge their mental state and identify how they are doing emotionally. Let them share what's on their mind. You also need to be constantly assessing how they are doing as they could be fine but then get triggered after you start going into the details of the case. And this assessment needs to happen at each subsequent meeting with the witness. Watch the video of this episode: https://www.courtroomsciences.com/r/y8H

The Litigation Psychology Podcast - Episode 236 - Preparing for the Storm (i.e., Pre-Litigation Management)

Bill Kanasky, Jr., Ph.D. talks about the critical importance of preparation for litigation, and particularly early preparation. Bill discusses the risks for the defense by not being prepared and the costs for not being prepared. Bill talks about steps to take before litigation even strikes:1. Education: Identify people who will be involved in litigation and/or likely to get deposed in a future lawsuit and educate them on the litigation process and start to train them as witnesses in advance;  2. Review and edit all documentation: Policies & procedures; training manuals; employee handbooks; websites - the language in these materials often set an idealistic standard that opposing counsel will use against the corporation; review, edit, and update immediately. Communication and enforcement of the policies and procedures is key; 3. Review and revise hiring practices - Revisit your hiring practices to feel confident about your hiring protocols; hire an attorney to review your policies and procedures and hiring practices to identify your vulnerabilities; 4. Create a litigation crisis plan - Develop a plan and communicate it to all the key personnel; be sure everyone understands what to do and what not to do when there is an incident.
Watch the video of this episode: https://www.courtroomsciences.com/r/ZrO

The Litigation Psychology Podcast - Episode 235 - Name, Image, and Likeness (NIL) and Litigation

Jonathan Wohlwend, Associate Attorney at Bradley, joins Steve Wood, Ph.D. to talk about Name, Image, Likeness (NIL) and the legal implications around NIL. Jonathan provides background on what NIL is and is not, particularly within the context of college athletics, and describes how the process for NIL works for recruiting players. Jonathan defines what a collective is, the changes that have happened over the years around collectives, and their role in NIL deals. Steve and Jonathan also discuss several cases related to NIL. Lastly, Jonathan shares his past background as a JAG Officer and words of wisdom for attorneys who are earlier in the career.