The Litigation Psychology Podcast

The Litigation Psychology Podcast - Episode 89 - Evolution of the Trucking Industry

Jay Blobner, Senior Safety & Risk Manager with International Transportation Services Inc., joins the podcast to speak with Steve Wood, Ph.D. about how the trucking industry has changed over the years. Jay shares a bit about his extensive experience in the transportation field and talks about the changes he has seen in the trucking industry over the years. He also gives his thoughts on what he would like to see the industry put more focus on and the biggest challenges he sees in the trucking industry. Steve and Jay talk about how important it is for defense attorneys who are working with trucking clients to know and understand the trucking and transportation industry and how investing in learning more about the industry builds their credibility and helps them during litigation. They also discuss nuclear verdicts and Jay shares what he's implemented to do more due diligence on drivers prior to hiring and what he emphasizes during onboarding and training. Lastly, Steve and Jay share their thoughts on the opportunities to better market and promote the value that truck drivers and the trucking industry deliver. Watch the video version of this episode: https://www.courtroomsciences.com/r/PII

The Litigation Psychology Podcast - Episode 88 - Litigation and Insurance Defense

Chantal Roberts, Principal & CEO of CMR Consulting, joins the podcast to talk about litigation and the insurance industry. Chantal serves as an expert witness for claims handling standards and procedures and has a wealth of knowledge about the claims process. Chantal and Dr. Bill Kanasky, Jr. talk about the shortsightedness of the insurance defense industry and what the reasoning is behind how insurance companies approach litigation. They discuss how an investment earlier in the litigation process by insurance companies could manifest in significant cost savings. They talk about how claims departments adjust claims, the relationship between primary carriers and excess carriers and how they can, and should, work together and collaborate for better outcomes. Lastly, Chantal shares her perspective on the workload that adjusters manage, the burnout, and how that leads to the mishandling of files. Watch the video of this podcast: https://www.courtroomsciences.com/r/pm4

The Litigation Psychology Podcast - Episode 87 - Attorney Credibility

Steve Wood, Ph.D. talks about what he's been witnessing lately with attorney presentations in mock trials and focus groups, how those attorneys are being perceived by mock jurors, and the impact that has on jurors' impressions of the attorney's credibility. Steve shares the research and insights he's collected on attorney credibility and the impact attorney credibility has on case outcomes. Persuasiveness and credibility are impacted by likeability, similarity, and physical attractiveness, plus trust. Steve offers suggestions on what younger attorneys, in particular, can do to become better and strong presenters and exude more credibility. He also talks about approachability and authoritativeness and the importance of finding the balance between the two to establish trustworthiness and credibility with jurors. Watch the video version of this episode: https://www.courtroomsciences.com/r/1tM

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