The Litigation Psychology Podcast

The Litigation Psychology Podcast - Episode 109 - Four Keys to Successful Trial Testimony

Dr. Bill Kanasky, Jr. shares a case study from a recent trial to highlight the elements of successful trial testimony. Four keys of successful trial testimony are to: 1) Control the pace of the questioning, 2) Avoid pivoting, 3) Deliver short, concise answers, and4) Respond appropriately to emotional attacks by plaintiff's counsel. 
Bill also discusses tips on managing cases where you have a co-defendant and the challenges and opportunities with finger-pointing. Bill has been working on a number of cases recently where there are co-defendants and talks about the research that is necessary to determine if your co-defendant should be adverse to you. He shares the importance of testing and running mock trials to determine how juries are assigning blame and the value of knowing this information early in order to use in mediation and in developing trial strategy. Watch the video version of this episode: https://www.courtroomsciences.com/r/u3z

The Litigation Psychology Podcast - Episode 108 - Working with Traumatized Witnesses

Dr. Alyssa Parker, Litigation Consultant and an experienced Clinical Psychologist, joins Dr. Bill Kanasky, Jr. to talk about working with witnesses who are dealing with trauma associated with a catastrophic accident or fatality. Alyssa and Bill discuss mistakes that the defense side often make with these emotional and traumatized witnesses, including ignoring or downplaying the suppression or avoidance of the memories of the traumatic event. They also talk about the necessity for these traumatized witnesses to get treatment for their trauma but how the stigma of therapy and mental health issues often limits how many seek out treatment. Lastly, Alyssa and Bill provide insights on what defense attorneys can do as they work with these traumatized witnesses and how each witness needs to be assessed in advance of any discussion about the litigation or preparing for their deposition testimony. Watch the video of this episode: https://www.courtroomsciences.com/r/1AE

The Litigation Psychology Podcast - Episode 107 - Focus on Improving Your Craft

Baxter Drennon, Attorney with Hall Booth Smith in Little Rock, Arkansas joins the podcast to talk with Dr. Steve Wood about a range of topics around attorney credibility and improving as a trial lawyer. Baxter and Steve discuss the definition of a win, the necessity of gaining direct experience in trying cases, the philosophies about whether to go to trial or settle a case, and what types of training would be useful for defense attorneys to keep pace with the plaintiff's bar as they invest in their craft. Watch the video of this episode: https://www.courtroomsciences.com/r/H2e

The Litigation Psychology Podcast - Episode 106 - Peremptory Challenges Eliminated in Arizona

Heather Bohnke, Partner with Gust Rosenfeld PLC in Arizona, joins the podcast to talk with Dr. Bill Kanasky, Jr. about the recently enacted ruling of the Arizona Supreme Court which has done away with peremptory strikes as January 1, 2022. Arizona has become the first state in the nation to eliminate peremptory challenges. Heather talks about the background behind why the Arizona Supreme Court made this ruling and what the impacts are, for both plaintiff and defense attorneys, in navigating the elimination of peremptory challenges. Bill and Heather discuss how attorneys will need to manage their voir dire without access to peremptory strikes and the increased importance of juror consulting and juror questionnaires in jury selection. They also talk about healthcare litigation, the challenges of working with healthcare witnesses, how healthcare marketing fuels plaintiff reptile attorneys, and how to deal with multiple co-defendants in healthcare litigation. Watch the video of this episode: https://www.courtroomsciences.com/r/cqp

The Litigation Psychology Podcast - Episode 105 - Mindfulness and Stress Relief for Attorneys

Wellness Specialist Jennifer Donovan of Wellness 4 Judiciary joins the podcast to talk to Dr. Steve Wood about mental and physical wellbeing and what attorneys can do to relieve stress and anxiety and achieve clarity and tranquility. In part 1, Jennifer shared exercises to help witnesses and in this part she demonstrates several exercises for posture, breathing, and mental focus and intentional thought, which help with calmness and concentration. Jennifer also shares additional exercises and practices that help to calm the nervous system and achieve a sense of serenity in the mind. Watch the video of this episode here: https://www.courtroomsciences.com/r/NpF
 

The Litigation Psychology Podcast - Episode 104 - Mindfulness and Stress Relief for Witnesses

Wellness Specialist Jennifer Donovan of Wellness 4 Judiciary joins the podcast to talk to Dr. Steve Wood about mental wellbeing, mindfulness, and what witnesses can do to reduce stress levels, particularly when testifying. Jennifer demonstrates several helpful exercises to help relieve stress and create calmness, clarity, and focus. The exercises, which can be done either seated or standing, include attention to posture, breathing, shoulders, head & neck, and the jaw, plus intentional thoughts and visualizing positive outcomes for better self care. Watch the video version of this episode here: https://www.courtroomsciences.com/r/b6u

The Litigation Psychology Podcast - Episode 103 - Frequently Asked Questions, Part 2

Dr. Bill Kanasky, Jr. answers more frequently asked questions from viewers and listeners of the podcast. Questions asked and answered in this episode:
- How to handle a defensive witness who is also young and inexperienced?
- What type of assessment(s) should be done of witnesses before they are prepped for deposition?
- What is a shadow jury?
- How is commercial litigation different than personal injury or catastrophic injury or death cases?
- Is it okay to Reptile my co-defendant who is adverse to my client?
Watch the video version of this episode: https://www.courtroomsciences.com/r/Ztm

The Litigation Psychology Podcast - Episode 102 - Witness Training for CEOs and Executives

Dr. Steve Wood and Dr. Bill Kanasky, Jr. talk about witness training for CEOs and some of the challenges with training C-level executives for deposition and trial testimony. Steve and Bill discuss how they work with these types of witnesses and some of the steps that these executives must be open to in order to maximize the benefits of the training and perform well during testimony. They describe the social psychology concept of state dependent learning plus how an executive's potential negative attitudes about attorneys can impact their approach to their witness preparation. Steve and Bill talk about the impact an executive's anger related to the litigation can have on their preparation and also why CEOs have to be okay with saying they don't know something, even if that is uncomfortable for them. Lastly, they cover the importance of how one dresses during testimony, the criticality of taking cognitive breaks while testifying and not just using breaks to catch up on work, and how their behavior at the defense table can impact juror perceptions during jury selection and the trial itself. Watch the video version of this episode here: https://www.courtroomsciences.com/r/akV

The Litigation Psychology Podcast - Episode 101 - A Look Ahead at Podcast Topics in 2022

Dr. Steve Wood delivers a preview of topics that will be addressed on The Litigation Psychology Podcast during 2022. A few of the hot topics that Steve and Dr. Bill Kanasky, Jr. will be discussing during the year:
- the importance and necessity of communication and sharing of information amongst the defense bar; 
- celebrating defense bar victories, including insights on what's working for the defense, and what's leading to those wins and successful outcomes;  
- witness behavior, including recent observations and commentary on defendants taking the stand in their own defense and what's been successful and unsuccessful in those situations;
- mental health topics, covering witness, juror, and attorney mental health issues and their impact on litigation; 
- attorney leadership and the importance of providing opportunities and training for younger attorneys; 
- juror perceptions of different industries and individual roles of people who will be called to testify and how to improve and change any negative impressions;  
- plus much more.
Watch the video version of this episode: https://www.courtroomsciences.com/r/P6G

The Litigation Psychology Podcast - Episode 100 - Practical Advice for Civil Litigation Defense

The 100th episode of The Litigation Psychology Podcast features trial attorneys Paul Motz from Segal McCambridge Singer & Mahoney and Brad Hughes from Clark Hill. Bill Kanasky, Jr., Ph.D. and Steve Wood, Ph.D. talk to Paul and Brad about the challenges of connecting with jurors during trials where masks are required and ideas on what to do. The group discuss their thoughts on counter-anchoring damages, why the insurance adjuster playbook doesn't work, and steps that need to be taken to diffuse a nuclear verdict before getting to trial. Paul and Brad offer their suggestions on how younger attorneys who lack experience can be provided opportunities to learn and talk about the difficult conversations that attorneys must have with their clients and their insurance companies about the investments that are necessary to avoid the ever-increasing nuclear verdicts and settlements. Watch the video of this episode: https://www.courtroomsciences.com/r/VWF