The Litigation Psychology Podcast

The Litigation Psychology Podcast - Episode 210 - Getting to Know Bill Kanasky, Jr., Ph.D.

Bill Kanasky, Jr., Ph.D. joins host Ava Hernandez to discuss his background and how he got into the litigation consulting industry. Ava and Bill talk about how their backgrounds in clinical psychology allow them to assess and prepare witnesses in a way that attorneys are not trained to. They also discuss the ethical challenges with the tension that can occur in working with witnesses, the emotional and mental issues that a witness may be dealing with and addressing their psychological wellness prior to witness prep. Lastly, Ava and Bill offer their insights on what they see in the future around litigation. Watch the video of this episode: https://www.courtroomsciences.com/r/PrO

The Litigation Psychology Podcast - Episode 209 - Med Mal Litigation Part 6 - Discovery Phase of Medical Malpractice Cases

Chuck Ingram, Partner with Estes, Ingram, Foels & Gibbs, P.A., joins Bill Kanasky, Jr., Ph.D. to talk about the discovery stage of medical malpractice litigation. Chuck discusses the importance being proactive during the discovery phase in med mal cases and how he approaches discovery differently based on which plaintiff firm has filed the suit. Bill and Chuck also talk about developing younger attorneys, managing co-defendants, strategies for admitting liability, the value of jury research, over-reliance on expert witnesses, and dealing with emotional nurse witnesses. Watch the video of this episode: https://www.courtroomsciences.com/r/Pgv

The Litigation Psychology Podcast - Episode 208 - Misperceptions and Best Practices for the Defense

Shane O'Dell, Member, Naman, Howell, Smith, and Lee & Mike Bassett, Trial Attorney, The Bassett Firm, join Steve Wood, Ph.D. to talk about some of the misperceptions of the defense bar. The group discuss what the Reptile Theory is really all about and that the purpose of the Reptile Theory is less about scaring the jury and more about empowering them. 
Mike, Shane, and Steve discuss the evolution of Reptile to The Edge and what is different about The Edge from Reptile Theory, as well as what they are seeing as best practices from strong plaintiff attorneys. The group also talk about the importance of establishing a relationship with your defense witnesses, how best to approach opening statements, and the value in testing with focus groups and mock trials. Lastly, they discuss counter-anchoring, how to approach providing an alternate damage figure for the jury, admitting liability, and humanizing the corporate defendant. Watch the video of this episode: https://www.courtroomsciences.com/r/p97

The Litigation Psychology Podcast - Episode 207 - Med Mal Litigation Part 5 - Mediation in Medical Malpractice

Kristi Harrington, Certified Mediator and Arbitrator with Kristi Harrington Dispute Resolution, joins Bill Kanasky, Jr., Ph.D. to discuss mediation and alternative dispute resolution in medical malpractice cases. Kristi shares her background and the help she offers clients with alternative dispute resolution and mediation. They talk about issues they encounter in medical malpractice cases and ways to get the most favorable and reasonable outcomes in mediation.
Kristi and Bill also cover what to look for when hiring a mediator including someone who understands the medical field, someone who can be empathetic to both parties, and someone who is committed to the process to ensure there is an acceptable resolution for all parties. Bill and Kristi discuss the criticality of early assessment of cases with data from mock jurors to help with case preparation and not simply using prior verdicts or similar cases in that jurisdiction. Lastly, they talk about the importance of having a good presentation for the mediator and helping the mediator understand the nuances of your case which aids them in doing their job.  Watch the video of this episode: https://www.courtroomsciences.com/r/R5S

The Litigation Psychology Podcast - Episode 206 - Managing Finances in a Law Firm

Leah Miller, Fractional CFO, LNM Financial Services LLC joins Bill Kanasky, Jr., Ph.D. to talk about law firm finances. Leah and Bill define key financial terms such as revenue, expenses, profitability, and talk about the complexities that crop up as a firm grows. Leah shares the guidance she gives her clients on how often they should be looking at their numbers and describes what a Fractional CFO does and how it differs from a CPA or bookkeeper. Leah and Bill also discuss setting goals, managing cash flow, and what lawyers and law firms need to watch out for in their spending. Watch the video of this episode: https://www.courtroomsciences.com/r/oAw 

The Litigation Psychology Podcast - Episode 205 - Med Mal Litigation Part 4 - Preparing Higher Level Nurses

In part 4 of our medical malpractice litigation series, Ava Hernandez joins Bill Kanasky, Jr., Ph.D. to discuss preparing mid to higher-trained nurses for deposition testimony. BSNs, MSNs, Nurse Practioners, Nurse Managers, Charge Nurses, and similar nurses have significant responsibilities and often come into their deposition with a different perspective than an LPN or less-experienced nurse might and therefore must be prepared and handled differently during deposition prep. Ava and Bill discuss how sometimes these nurses have to contend with blame that may come from the plaintiff and/or the plaintiff's family, from physicians, or even from other nurses and that some nurses may react with guilt, shame, and anxiety to the adverse patient outcome and the litigation itself. Ava and Bill talk about how critical it is for attorneys to understand the emotional burden these nurses are carrying when working with them in deposition prep and take into account the human aspect of what is going on with the witness. Watch the video of this episode: https://www.courtroomsciences.com/r/Epa

The Litigation Psychology Podcast - Episode 204 - The Anatomy of a Defense Verdict in a High Profile Case

Will Stute, Partner at Orrick, joins Steve Wood, Ph.D. to discuss the work he did on Gee v NCAA in which he won a defense verdict. Will provides some personal background and ways he has honed his craft and then relates his experience with defending mass tort cases. He gives an overview of the strategy behind this bellwether case (Gee v NCAA) he worked on, plus his insights on leveraging jury research for his cases and his approach to jury selection. Will and Steve talk about how best to leverage objections, the feedback that jurors in this case provided after their verdict, and also the media coverage and cameras in the courtroom for this trial. Lastly, Will and Steve discuss the importance and process of preparing witnesses for testimony. Watch the video of this episode: https://www.courtroomsciences.com/r/5fR

The Litigation Psychology Podcast - Episode 203 - Med Mal Litigation Part 3 - Medical Malpractice Litigation Consulting

Jeff Willis, MD, Owner/Physician Consultant of On-Call MedLegal Consulting joins Bill Kanasky, Jr., Ph.D. to talk about consulting for medical malpractice attorneys. Dr. Willis specializes in pre-litigation and pre-trial services, working as a member of the legal team from intake through resolution. Dr. Willis provides case merit analysis, precision medical expert matching, case strategy development, and deposition preparation. Jeff and Bill discuss expert witnesses, the differences between a D.O and M.D., legal nurse consultants, and the differences between plaintiff attorneys and defense attorneys in how they manage medical malpractice cases, Lastly, Jeff and Bill share their fears and concerns about healthcare in the future. Watch the video of this episode: https://www.courtroomsciences.com/r/3tG

The Litigation Psychology Podcast - Episode 202 - Tips on Navigating Your Career as a Young Attorney

Trial Attorney Cody Gomora from The Wolf Law Firm, P.C. joins Bill Kanasky, Jr., Ph.D. to discuss how younger attorneys can navigate their role as civil litigation defense attorneys. Cody shares how his experience in the district attorney's office and trying criminal cases gave him invaluable courtroom experience that he now applies in his civil litigation defense work. Bill and Cody also discuss generational differences between attorneys, between attorneys and jurors, and talk about the impact and influence of social media in litigation. Lastly, Bill and Cody discuss the importance of mentorship for younger attorneys. Watch the video of this episode: https://www.courtroomsciences.com/r/7Sv

The Litigation Psychology Podcast - Episode 201 - Med Mal Litigation Part 2 - Expert Witness Testimony

Bill Kanasky, Jr., Ph.D. talks about the role and impact of expert witnesses in medical malpractice litigation. Bill shares that typically expert witness testimony doesn't get you very far in med mal cases in terms of juror decision-making. This is due to the fact that the expert witness is unable to directly evaluate the patient unlike expert witnesses who can, for example, evaluate defective parts in a product liability case. Expert witnesses in medical malpractice cases can help with case evaluation and help with preparing the case, but their testimony does not influence juror decision-making. One area where an expert witness can make an impact is with the visual presentation of the case and their ability to teach. The most important influence over juror decision-making will be the testimony and performance of the fact witnesses in your case.