The Litigation Psychology Podcast

The Litigation Psychology Podcast - Episode 86 - Buyer‘s Remorse

Dr. Steve Wood joins Dr. Bill Kanasky to discuss the topic of buyer's remorse in litigation consulting. Bill shares some recent examples of clients who have invested in witness training and/or jury research, win their case or otherwise get a favorable result, but then have buyer's remorse when they get the invoice. Steve talks about the psychology of what causes that perspective, the underlying human behavior and motivation, and explains and describes "approach motivation" and "avoidance motivation". Bill and Steve talk about the disconnect between the identified need in advance of the outcome and the feeling about the decision after the fact and how these decisions are interpreted or rationalized afterwards. They also bring up the challenge in the insurance industry about how the person paying the bill (the Claims person) isn't the one who directly realizes the benefit from the favorable outcome. Claims has to fund the expense but doesn't receive the benefit when the witness training or research results in a positive outcome and this disconnect is a challenge. This buyer's remorse can be experienced by attorneys and law firms too. Lastly, Steve and Bill answer some listener questions including the difference between a focus group and a mock trial, the biggest mistakes to avoid in a mock trial, optimal number of jurors for a mock trial, and more. Watch the video version of this episode: https://bit.ly/3zEGXkE

The Litigation Psychology Podcast - Episode 85 - From Law Enforcement to Practicing Attorney

Justin Ratley, Attorney with Munsch Hardt in Houston, TX, joins the podcast to talk about his background in military intelligence and federal law enforcement prior to going to law school to become an attorney. Justin discusses with Dr. Steve Wood how his experience in law enforcement has influenced his work as an attorney, including how he approaches interviewing witnesses at deposition and how its different than his experience in an interrogation room. Justin shares what he learned in his transition from law enforcement to a practicing attorney and how he brings extra value in his work with his clients, which include industrial companies, such as oil & gas, as well as insurance. Lastly, Justin gives his advice for younger attorneys in preparing for deposition. Watch the video version of this episode: https://www.courtroomsciences.com/r/r93

The Litigation Psychology Podcast - Episode 84 - Attorney and Author Mike Bassett on "The Man in the Ditch"

Mike Bassett, Senior Partner of The Bassett Law Firm, joins the podcast to talk about his new book "The Man in the Ditch". Mike shares with Dr. Bill Kanasky what "The Ditch" is and what inspired the book, which is described as a story about undeserved privilege, unlimited potential, hard work, and hustle. A story about self-inflicted wounds, hubris, insecurity, shame, and abandonment. Mike also talks about the challenges and emotions of being a trial attorney and the opportunities that come from failure. Bill and Mike share their perspectives on Millennial attorneys and the difference in their perspectives about failure when compared to older generations. Mike tells the story of failure behind the book and how although The Ditch is a place we don't wish to end up, how it can be an opportunity for us all. Watch the video version of this episode: https://www.courtroomsciences.com/r/27t

The Litigation Psychology Podcast - Episode 83 - Defending Trucking Cases

Defense attorneys Melissa Graves and Rick Joslin from Collins Einhorn Farrell join the podcast to talk with Dr. Steve Wood about trucking litigation. They discuss their approach to defending trucking cases by focusing on both the liability angle and damages. They talk about the importance of starting work on the case early with reviewing evidence and speaking to witnesses and emphasizing the criticality of an early start with their trucking clients and the insurance companies. Melissa and Rick share that the most difficult issue with defending trucking litigation cases is the scope of the damages, especially in fatalities or severe injury cases. The group also discuss how they handle negative perceptions of truck drivers and trucking companies by getting jurors to relate to the truck driver and humanizing them. Lastly, they talk about preparing witnesses for depositions, getting truck drivers prepared for Reptile questions, the benefits of videotaping the deposition practice & prep and how the perceptions of truck drivers and trucking industry can be bolstered by the role they played during the Coronavirus pandemic. Watch the video of this episode: https://www.courtroomsciences.com/r/W0D

The Litigation Psychology Podcast - Episode 82 - JFK Assassination Expert Jefferson Morley - Part 2

Author and former Washington Post reporter Jefferson Morley, one of the world’s most credible authorities on the assassination of President John F. Kennedy, joins the podcast for the second of a two part episode to talk all about the JFK assassination. Mr. Morley is the editor of the blog JFK Facts (jfkfacts.org). 
In this episode, Morley and Dr. Bill Kanasky discuss video and audio from the day of the assassination plus Jim Garrison and the trial of Clay Shaw. They talk about if there were other threats or attempts on JFK's life before Dallas and why the withholding of documents related to the assassination continues to this day. Morley and Kanasky discuss the KGB and Soviet reaction to the assassination, origin of the term "grassy knoll", who was Jack Ruby, the single bullet theory, where is President Kennedy's brain, the CIA's files on Oswald, what remains in the files that have yet to be released, and more. Watch the video edition of this episode: https://www.courtroomsciences.com/r/Oqd

The Litigation Psychology Podcast - Episode 81 - JFK Assassination Expert Jefferson Morley - Part 1

Author and former Washington Post reporter Jefferson Morley, one of the world’s most credible authorities on the assassination of President John F. Kennedy, joins the podcast for the first of a two part episode to talk all about the JFK assassination. Mr. Morley is also the editor of the blog JFK Facts (jfkfacts.org) and shares his background on how, when, and why he became interested in the topic of the JFK assassination. Morley and Dr. Bill Kanasky discuss a range of topics including deeper information about Lee Harvey Oswald and answer a burning question: if Jack Ruby had not killed Oswald, would Oswald have been convicted of the assassination? The discussion concludes in part 2 (Episode #82). Watch the video edition of this episode: https://www.courtroomsciences.com/r/eHS

The Litigation Psychology Podcast - Episode 80 - The Danger of Safety

Steve Wood, Ph.D. and Bill Kanasky, Jr., Ph.D. discuss the litigation risks and dangers for companies that make statements like "Safety is our top priority." Steve and Bill talk about how and why that seemingly innocuous statement is neither true nor accurate and how the plaintiff's bar has successfully used this type of language against companies and witnesses to great success. Bill provides a real-life example of this safety priority example, the obvious dangers due to the language, and how it raises the legal bar when phrases like "safety is our top priority" are used. The unrealistic burden created by this type of language cannot be managed in most circumstances so the specific language, words, and context used is critical. Steve and Bill share how safety should be positioned within a company's messaging and how it is not in a client's best interest to stack rank priorities, particularly safety. Watch the video of this episode: https://www.courtroomsciences.com/r/5MA

The Litigation Psychology Podcast - Episode 79 - Strategies for Settlement Negotiations

Kellie Howard-Goudy, Attorney with Collins Einhorn Farrell, joins the podcast to talk about strategies for settlement negotiations. Since over 95% of cases settle, honing the skills and process to manage settlement negotiations is a critical skill for litigators. Kellie shares her strategy for settlement negotiations with Dr. Steve Wood including developing a risk/benefit analysis. Communication with the client is also key to the settlement strategy as it is important to consistently remind your client about the definition of a win. Kellie also talks about how critical it is to know the strengths and weaknesses of your case and the opposing counsel's case, as well as knowing what your case is worth, in advance of entering into settlement negotiations. Lastly, Kellie and Steve discuss the impact of Covid on settlement negotiations and the expected volume of settlements, the importance of doing jury research and working up a case as if it will go to trial and not assuming your case is going to resolve. Watch the video of this episode: https://www.courtroomsciences.com/r/7aE

The Litigation Psychology Podcast - Episode 78 - Bluewire: Trucking Litigation Defense Software

Steven Bryan, CEO and Doug Marcello, Chief Legal Officer, of Bluewire join the podcast to talk about their new company that uses software to help trucking companies identify reputational vulnerabilities in the defense of their litigation. Steven provides some background on how the company came about and their areas of focus. Bluewire has identified reputation as a key contributor to nuclear verdicts and Steven and Doug share how leveraging technology, data, and a network of experts helps give the trucking industry the tools to defend themselves against Reptile and nuclear verdicts. They also discuss the Motor Carrier Reputation Survey on their website and how trucking companies and insurance carriers can participate and benefit.
Doug and Steve talk about the importance of information exchange and educational programs within their network of trucking companies and how addressing vulnerabilities ahead of time is useful for underwriters and excess carriers who are looking for ways to reduce their reputational risks in litigation. The group also highlights how this technology and data can help reduce nuclear settlements by resolving cases early through early identification of vulnerabilities.
Lastly, Steve, Doug, and Bill discuss the exposure created by internal company documentation about safety that paint trucking companies into a corner and how they would benefit immensely from a proactive review of all company materials to identify and address these vulnerabilities, which are potential attack opportunities for plaintiff attorneys. Watch the video of this episode: https://www.courtroomsciences.com/r/b5q

The Litigation Psychology Podcast - Episode 77 - Safety is NOT Your Top Priority

Sean Murphy, Practice Leader, CSI Critical Communications joins Dr. Steve Wood to talk about the myth that safety is the top priority for most businesses. Many company communications, mission statements, and handbooks default to stating that the safety of their employees/customers/shareholders/community is the foremost priority of their business, but this unnecessarily blanket claim can create potential litigation issues in the future. And this issue has become even more pervasive since the start of the Coronavirus pandemic. 
Sean and Steve discuss the importance of companies aligning their crisis communications with their litigation strategy and understanding the potential legal ramifications of a seemingly innocuous public statement. They specifically discuss the myth about "Safety being the top priority" for a company and how, when Covid hit, many companies sent out messages that stated that the safety of their customers and employees and communities  was their top priority, but how safety should be communicated as A priority but not THE top priority. Sean explains how the messaging and positioning of the concept of safety should be handled and how, now that companies are deciding to bring employees back into the office, opening up their businesses/stores, etc., how they should craft their messaging to limit future litigation risk and exposure. 
Sean and Steve discuss the importance of doing research to figure out what messaging will resonate with your target audience, plus crafting messaging that doesn't box you in in the future. They also talk about using messaging that is specific to what the business is doing to address the specifics of the crisis situation they find themselves in, rather than simply defaulting to the headline of "safety is our top priority". Watch the video of this episode: https://www.courtroomsciences.com/r/N2V