The Litigation Psychology Podcast

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

The Litigation Psychology Podcast - Episode 144 - Wellness and Managing Stress - Part 1

Wellness Specialist Jen Donovan joins Dr. Steve Wood for a two-part episode about wellness topics, including the benefits of Rawfood Nutrition, and demonstrates some exercises to help manage the stresses of work and the holidays. Jen shares tips on eating properly, sleeping properly, breathing properly, and moving our body properly and the importance of devoting at least 3 weeks to any change to make it stick. Jen talks about the difference between mindlessness and mindfulness, about setting the environment of your space, the importance of good posture and of setting an intention for the day at the start of every morning. Watch the video of this episode: https://www.courtroomsciences.com/r/s6a

The Litigation Psychology Podcast - Episode 143 - Thanksgiving

Dr. Bill Kanasky, Jr. shares what and whom he is grateful and thankful for. Watch the video of this episode: https://www.courtroomsciences.com/r/oAJ

The Litigation Psychology Podcast - Episode 142 - Frequently Asked Questions - Part 5

Dr. Steve Wood and Dr. Bill Kanasky, Jr. continue answering podcast listener and viewer questions:
- How do you advise handling voir dire in federal court when you only have 30-60 minutes to ask questions of jurors?
- What are the opportunities with using a supplemental juror questionnaire?
- What is the best way to question my client during direct or rehabilitation examination?
- Are engineers bad jurors for the defense?
- What types of demonstrative exhibits work best for jurors? Should I always go high tech?
- If my witness has an emotional meltdown during their deposition, how do I get them back on track?
- How should I test evidence in a mock trial format if I don't know if the judge will let it in?
- How do I deal with a defendant who is experiencing extreme guilt and wants to admit guilt even though they didn't do anything wrong and it was just a bad accident?
- From a jury consulting standpoint, does a juror's health status matter?
To watch the video of this episode: https://www.courtroomsciences.com/r/2RM

The Litigation Psychology Podcast - Episode 141 - Frequently Asked Questions - Part 4

Dr. Steve Wood and Dr. Bill Kanasky, Jr. continue their series of answering podcast listener and viewer questions:
- How is the movement of people from blue states to red states impacting the jury pool? - Can a Middle Eastern defendant win at trial with a predominantly white/rural jury?- How do I mitigate damages at trial on a case when my client is admitting liability?- Should I ask the judge to show a short clip of the plaintiff's day-in-the-life video during jury selection?- In voir dire, what do I do with jurors who are quiet and won't say much?- During jury selection, how useful is juror social media information?
Watch the video of this episode: https://www.courtroomsciences.com/r/ibp

The Litigation Psychology Podcast - Episode 140 - Developing and Retaining Young Associates

Shane O'Dell, Member at Naman, Howell, Smith, and Lee PLLC, joins Dr. Bill Kanasky, Jr. to talk about helping younger associates grow through mentoring and development opportunities and how to keep those younger attorneys in your practice. Shane talks about the challenges for early career attorneys and what they can do to overcome. Shane shares his experience with recognizing the importance of developing relationships and trust over time as a path toward building a reputation and earning future opportunities. Shane and Bill discuss ideas on how to build a book of business and ways that the defense bar needs to evolve in the future. They also talk about how defense firms can keep young attorneys from job hopping and chasing new opportunities and the importance of helping clients understand why they need to be open to having younger associates work on their cases in order to help them develop. Watch the video of this episode: https://www.courtroomsciences.com/r/5um

The Litigation Psychology Podcast - Episode 139 - Frequently Asked Questions, Part 3

Dr. Steve Wood and Dr. Bill Kanasky, Jr. answer frequently asked questions from podcast listeners and viewers. Some of the specific questions asked and answered:
- What are some of the things that jurors are highly critical of at trial that I may not be aware of?
- How do jurors perceive out-of-town defense attorneys?
- How do I get a former employee to cooperate for a deposition?
- Do jurors like attorneys who wear glasses?
- Do expert witnesses really impact jury decision making?
- How long should my opening statement be?
- Does it look bad in front of the jury if I object a lot?

The Litigation Psychology Podcast - Episode 138 - Business Development for Young Attorneys

Dr. Bill Kanasky, Jr. shares tips and ideas for young attorneys to build a book of business. Doing business development is not easy, but taking the time and steps to doing it can really pay off.
Two specific ideas from Bill:
1) Writing - Write articles on topics that prospects and clients can get value from and get those articles published in a legal journal; look for niche publications which are often hungry for content. If you need help getting started on topics or with writing, partner with a seasoned attorney.
2) Speeches - Deliver presentations to different groups. Leverage the article(s) you've written and published to build your presentation content. Search out conferences where you can speak, particularly that include audiences with potential clients.
Watch the video of this episode: https://www.courtroomsciences.com/r/W18
 

The Litigation Psychology Podcast - Episode 137 - Four Psychological Concepts Behind Witness Testimony Errors

Dr. Steve Wood describes four psychological concepts that help to explain why some witnesses make mistakes in their testimony performance: 
1) Yerkes-Dodson Law suggests there is a relationship between performance and arousal. Increased arousal can help improve performance, but only up to a certain point. At the point when arousal becomes excessive, performance diminishes. 
2) The Dunning-Kruger effect is a type of cognitive bias in which people believe they are smarter and more capable than they actually are. Essentially, low-ability people do not possess the skills needed to recognize their own incompetence. 
3) Evaluation apprehension is a human tendency to try to look better or the fear of being evaluated. This creates a lot of anxiety because of their concern about how they are perceived by others who are watching them and their performance. 
4) "Thin-slicing" refers to the ability of our subconscious to find patterns in situations and behavior based on very narrow slices of experience or information. 
Watch the video of this episode: https://www.courtroomsciences.com/r/EdX