The Litigation Psychology Podcast

The Litigation Psychology Podcast - Episode 259 - Voir Dire Rewired: A Neurocognitive Approach - Part 2

Bill Kanasky, Jr., Ph.D.'s second part of our 4-part series on a sophisticated approach to voir dire. Bill talks about emotional persuasion resistance and the goal during voir dire of inoculating jurors against emotional appeals. Bill shares example questions and stories for how to inoculate jurors against emotional appeals by the opposition during trial and how to identify jurors you want to keep and which you want to strike. Bill also talks about anchoring and how to approach the concepts of anchoring, high dollar awards, counter-anchoring and social inflation, all during voir dire. Watch the video of this episode: https://www.courtroomsciences.com/r/Stb

The Litigation Psychology Podcast - Episode 258 - Voir Dire Rewired: A Neurocognitive Approach - Part 1

Bill Kanasky, Jr., Ph.D. kicks off the first of a 4-part series on a sophisticated approach to voir dire. Bill lays out a highly advanced voir dire model based on behavioral science, cognitive psychology, and decision making research with a focus on cognitive fit, flexibility, and first impressions. It is critical in voir dire to build rapport with jurors to normalize differences in opinion and disclosure of information. The goal is to give jurors an easy out to strike themselves. Bill shares example questions to accomplish this and how to identify juror fit. Next, Bill talks about assessing cognitive flexibility and confirmation bias and gives examples on how to identify jurors with inflexible thinking. Lastly, Bill talks about the importance of likability, vulnerability, and relatability of the attorney and how that impacts your voir dire success and the rest of the trial. It is imperative to use personal experiences and stories to get jurors to open up, to be honest, and to trust you. Watch the video of this episode: https://www.courtroomsciences.com/r/5wH

The Litigation Psychology Podcast - Episode 257 – Why Jury Research Needs Validity and Reliability - Part 2

Bill Kanasky, Jr., Ph.D. continues discussing the importance of validity and reliability in jury research and specifically talks about the use of the clopening in jury research. The clopening is a combined opening and closing statement - basically a summary presentation of the case. The issue with the clopening is that it impacts your validity and reliability because jurors don't hear clopenings in a real trial so any feedback collected is skewed. Also, in order to get the most accurate data in jury research, you have to measure immediately after the presented stimulus/information. For example, if you want feedback on your opening, you must measure immediately after the delivery of the opening. If you want feedback on a witness, the measurement must come immediately after the mock jurors hear from that witness. Waiting to gather feedback until all witnesses have been shown will not provide an accurate measurement. The most scientifically sound methodology for conducting jury research is to take measurements immediately after completing delivery of each piece of content that you want feedback on. Any other process for data collection will compromise your validity.  Watch the video of this episode: https://www.courtroomsciences.com/r/ZBE

The Litigation Psychology Podcast - Episode 256 - Why Jury Research Needs Validity and Reliability - Part 1

Bill Kanasky, Jr., Ph.D. describes the scientific concepts of validity and reliability in research and why they are individually and collectively so important when conducting jury research. The question that validity helps answer is: are you measuring what you think you are measuring? Bill gives examples of how you can limit or improve your validity through witnesses and presentations in jury research. It's critically important to secure a clean read in your research and Bill explains how to achieve that. 
Reliability in research refers to the consistency and repeatability of a measurement, so that if the same process is repeated under the same conditions, it should yield similar results. Having reliability in your data means you can count on the results and increases confidence in the findings to better guide decision-making on your case. Watch the video of this episode: https://www.courtroomsciences.com/r/1lp

The Litigation Psychology Podcast - Episode 255 - Different Types of Plaintiff Attorneys

Jim Pattillo, Partner, Christian & Small joins Bill Kanasky, Jr., Ph.D. to talk about different types of plaintiff attorneys. Jim and Bill discuss what the reasons are for why there has been a degradation in civility between attorneys in recent years and what can be done about it. They share how important curating a reputation is for younger attorneys and the importance of communication. Bill and Jim identify several different plaintiff attorney types and how to manage them: 
- The unqualified and incompetent plaintiff attorney- The jerk, bombastic plaintiff attorney- The too busy or lazy plaintiff attorney- The unethical plaintiff attorney- The unrealistic plaintiff attorney 
Lastly, Jim shares his firm's philosophy on mentoring and training younger attorneys and his advice to early career attorneys on honing their craft. Watch the video of this episode: https://www.courtroomsciences.com/r/6Em

The Litigation Psychology Podcast - Episode 254 - The Current & Future State of Insurance & Insurance Defense

Bryan Falchuk, President & CEO of Property & Liability Resource Bureau (PLRB), joins Bill Kanasky, Jr., Ph.D. to discuss several topics related to the insurance industry. Bryan shares some details on his background and describes what PLRB is, what they do, and the help they provide insurers/MGAs, service providers, and outside counsel. Bill and Bryan talk about current trends in the insurance industry, key issues around litigation, and Bryan describes how he used to manage litigation during his time as a Chief Claims Officer for an insurance carrier. Bryan shares his perspective on how the plaintiff's bar has increased their leverage in litigation and how players in the insurance defense industry are contributing to the current unbalanced situation.

The Litigation Psychology Podcast - Episode 253 - Ethics Lessons from Suits

Brent Turman, Partner and Trial Attorney with Bell Nunnally & Martin LLP in Dallas, joins Steve Wood, Ph.D. on the podcast to talk about the hit series Suits and ethical issues that surface on the show. Brent gives an overview of an ethics CLE he presents referencing episodes of the show. Steve and Brent discuss how issues that occur in different episodes can inform the appropriate approach to litigation including mock trials, witnesses, ethical questions, competing loyalties, depositions, and more. Watch the video of this episode: https://www.courtroomsciences.com/r/X66

The Litigation Psychology Podcast - Episode 252 - JFK Assassination Files Update - Q1 2025

JFK assassination expert Jefferson Morley joins Bill Kanasky, Jr., Ph.D. to discuss the latest updates on the JFK assassination including the recent executive order for a full and complete release of all JFK assassination records. Jefferson discusses what the FBI and CIA responses have been to the executive order, provides background on developments around digitization of some records, and his concerns about the delay of the records release since the executive order was signed. Jefferson and Bill also talk about the status of the lawsuit filed to get the JFK files released, share their thoughts on Jefferson's recent interview with Tucker Carlson, and discuss the recently surfaced audio tape that mentions LBJ's potential role in the JFK assassination. 

The Litigation Psychology Podcast - Episode 251 - How to Become a Disruptive Lawyer

Bill Mitchell, Founding Partner of Cruser & Mitchell, joins Bill Kanasky, Jr., Ph.D. to discuss deal-making and negotiation in litigation and how to be disruptive lawyer. Bill Mitchell describes his philosophy on managing litigation and how he got started taking this unconventional approach to litigation management. Bill talks about three characteristics required to operate as a disruptive lawyer: #1 - legal acumen, #2 - proactivity, #3 -  emotional intelligence. The two Bills discuss several different challenging scenarios, how Bill Mitchell addresses them, and what he recommends other attorneys doing in those situations. Watch the video of this episode: https://www.courtroomsciences.com/r/Ur7

The Litigation Psychology Podcast - Episode 250 - Your Witness Needs to Fail

Bill Kanasky, Jr., Ph.D. shares insights with attorneys for witness prep prior to their witness's deposition testimony. Bill emphasizes that the most important thing for witnesses is to fail during preparation in order to learn and grow so they are prepared for their deposition. This approach can be a challenge for attorneys as you don't want your witness to get mad at you or you may have concerns about hurting their confidence during the prep. It is critical for the witness to understand that their failure during preparation has value and is actually necessary in order for them to be successful during testimony. As you start your mock questioning and you observe them failing, stop and give them feedback to build awareness of their performance. How you give them feedback is very important. You have to use operant conditioning and provide both constructive and positive feedback in order to punish poor performance -  to eliminate it - and reward good behavior - to increase it. The use of these psychological principles will help you fully prepare your witness by allowing them to fail during prep and providing them with the appropriate feedback so they are ready for the real thing.  Watch the video of this episode: https://www.courtroomsciences.com/r/hPR