The Litigation Psychology Podcast

The Litigation Psychology Podcast - Episode 154 - JFK Assassination Revisited, Part 1 of 2

Attorney Larry Schnapf and author and JFK assassination expert Jefferson Morley join Dr. Bill Kanasky, Jr. to discuss the lawsuit they have filed to obtain the release of all government documents related to the assassination of President John F. Kennedy. Larry, Jeff, and Bill discuss the results of the multiple mock trials that have been conducted related to the assassination, the JFK Records Act, the process they have been going through to get the remaining documents released, the role of the CIA and FBI, the process the government employs in classifying and declassifying documents, and much more. Watch the video of this episode: https://www.courtroomsciences.com/r/6c8

The Litigation Psychology Podcast - Episode 153 - Assessing Jurors More Accurately in Voir Dire

 
Dr. Bill Kanasky, Jr. describes how to assess jurors more accurately during the jury selection process by implementing specific measures. There are two primary ways to measure something: using dichotomous variables or continuous variables. Dichotomous is a singular (i.e. binary) choice between two options (e.g. yes/no).  Continuous variables offer multiple options, such as rating on a scale from 0-10 scale. Using continuous variables to measure juror sentiment allows you to understand the intensity of their position. Once jurors have selected a number, you want to ask probing questions to get to the why of their selection. A yes/no (i.e. dichotomous) doesn't get you that; you need to go deeper and get more specific by using continuous variables. Watch the video of this episode: https://www.courtroomsciences.com/r/jbK

The Litigation Psychology Podcast - Episode 152 - Anatomy of a Defense Verdict Against a Pro Se Litigant

Zack Fletcher, Senior Associate with Wood, Smith, Henning, & Berman in Chicago joins Dr. Bill Kanasky, Jr. to talk about a recent unique jury trial in which Zack had to defend his client against a pro se litigant in Cook County, Illinois.  
Zack shares details of the litigation process, including the fact that there were very few settlement negotiations that took place and the plaintiff decided to proceed pro se with very limited discovery. Because the plaintiff was pro se, the court gave the plaintiff lots of leeway which made defending the case even more challenging. Multiple motions in limine were filed with the majority denied. Zack describes his approach with jury selection, particularly in contrast to the plaintiff, and also shares what his thought process was for drafting his opening statement. The jury only deliberated for about an hour and came back with a defense verdict. Watch the video of this episode: https://www.courtroomsciences.com/r/VpO

The Litigation Psychology Podcast - Episode 151 - Medical Malpractice Cases

Attorneys Jason Hendren & Jackie Clark, both Partners with Hall Booth Smith, join Dr. Steve Wood to talk about medical malpractice cases. The group discusses which med mal cases are the most difficult to litigate (birth trauma; wrongful death; paralysis cases) and the challenges with managing juror sympathy in cases with young injured parties. They talk about how juror perceptions of the reputation of well-known/top tier facilities impact juror decision-making, plus the challenges of traumatic brain injury (TBI) cases, the importance of counter anchoring for the defense, whether jurors understand the medicine, and how they manage co-defendants in their cases. Watch the video of this episode: https://www.courtroomsciences.com/r/T78

The Litigation Psychology Podcast - Episode 150 - Cognitive Momentum (aka The ”Yes” Train)

Dr. Steve Wood and Dr. Bill Kanasky, Jr. talk about witness testimony and a concept in psychology called 'cognitive momentum' (the "Yes" train). Opposing counsel will rapidly throw out easy, factual questions to get your witness used to saying 'yes', speeding up their responses, lowering their defenses, and then eventually they fall prey to questions for which the answer should not be 'yes.' Witnesses must be trained to force cognition through sophisticated, neurocognitive training. Bill and Steve also discuss the concept of the 'repetition spin cycle' and what the brain is dealing with when being bombarded with repetitive negative stimulus like being asked the same question over and over again and how an untrained brain reacts to this repetition. Watch the video of this episode: https://www.courtroomsciences.com/r/ySn

The Litigation Psychology Podcast - Episode 149 - The Problem with Pivoting During Deposition Testimony

Dr. Steve Wood and Dr. Bill Kanasky, Jr. talk about witness testimony and the problems and dangers of pivoting during deposition questioning. They discuss how defense attorneys don’t realize how they are opening the door to counterattacks from opposing counsel when they encourage their witnesses to pivot and answer questions with phrases like "Yes, but..." Steve and Bill describe the psychology behind why providing detailed explanations in normal, everyday situations is very different than in the adversarial environment of a deposition. Another danger for witnesses they talk about is repetitive questions and how witnesses must be trained to hold their ground with plaintiff questions that are repeated over and over again. Watch the video of this episode: https://www.courtroomsciences.com/r/aJl

The Litigation Psychology Podcast - Episode 148 - New Year’s Resolutions for Managing Litigation

Dr. Bill Kanasky, Jr. is joined by trial attorneys Shane O'Dell of Naman, Howell, Smith & Lee and John Nunnally of Ragsdale Liggett to talk about new year's resolutions and what they are changing or doing differently in how they manage their litigation. Shane and John share how they are encouraging their clients to be more proactive in their litigation and not wait for plaintiff's counsel to make the first move every time. They talk about pursuing early mediations for cases that lend themselves to earlier settlement discussions and continuing to educate their clients on the value and benefits of being proactive. Shane also discusses his goal to drive more communication and sharing within the defense bar. Watch the video of this episode: https://www.courtroomsciences.com/r/iWy

The Litigation Psychology Podcast - Episode 147 - Podcast Year in Review

Dr. Steve Wood and Dr. Bill Kanasky, Jr. close out 2022 with a podcast Year in Review. They talk about what they've learned this year including starting to see some clients operating more proactively and early in litigation and the benefits they are realizing by doing so. Steve and Bill discuss other topics covered during the year, and in particular, the importance of episodes dedicated to mental and physical health. They also preview a few topic ideas for podcasts in 2023 and share some additional holiday thoughts and observations.

The Litigation Psychology Podcast - Episode 146 - Safety Language in Corporate Policies and on Websites

Dr. Bill Kanasky, Jr. talks about the risky language in company policies and procedures and the language and information on company websites. Many companies create a level of expectation for safety that is unattainable and put these organizations at risk of being attacked by plaintiff attorneys during litigation. Using language about safety being the top priority in manuals, training materials, policies, procedures, and on websites only creates litigation exposure that can be potentially devastating to the company and often serves no tangible benefit to the company when published. Plaintiff attorneys will use this language to demonstrate that the company didn't meet its own safety standards when focusing on specific incidents and litigation.
Bill also talks about how one of the main goals of Reptile is to beat you and outmaneuver you in discovery. Plaintiff attorneys are focused on destroying witnesses at deposition in order to increase their demand. Their preference is to remove your negotiating power and leverage and get you to settle for a huge amount earlier so they can get their money faster. Reptile is a neurocognitive attack on your brain which requires sophisticated training to protect witnesses from being tricked and trapped by Reptile plaintiff attorneys. Watch the video of this episode: https://www.courtroomsciences.com/r/RVp

The Litigation Psychology Podcast - Episode 145 - Wellness and Managing Stress - Part 2

Wellness Specialist Jen Donovan joins Dr. Steve Wood for the second part of this episode focused on wellness and managing stress. In this episode, Jen demonstrates different simple exercises and movements as ways to relieve stress, including multiple breathing tips. Jen also talks about sound healing and sound therapy exercises. Lastly, Jen shares tips for how to get started, managing the timing of when to start, and how to make better, healthier choices. Jen's concluding thoughts: what you eat, drink, breathe, and think becomes your guide to physical and mental fitness. Watch the video of this episode: https://www.courtroomsciences.com/r/uRF