The Litigation Psychology Podcast

The Litigation Psychology Podcast - Episode 64 - Intellectual Property Litigation

Jonathan Barbee, Attorney with MoloLamken LLP, talks with Dr. Steve Wood about IP litigation. Jonathan has broad IP litigation experience working primarily on patent cases, but manages the litigation for trade secret and copyright cases as well. Jonathan and Steve discuss the approach to different types of Intellectual Property litigation and the additional challenges encountered in IP cases that go beyond other types of litigation. Since there is often a lot for jurors to understand in IP cases and many times it involved relatively complicated technology, Jonathan talks about the value of leveraging mock trials to test how to get the information across to the jury in the best way possible and not confuse the jury or make them feel like you are insulting their intelligence. Lastly, Jonathan highlights the value of expert witnesses who are really good teachers and can empathize with the jury on how complicated the technology or IP might be, as well as the difference for him between being on the plaintiff side vs the defense side in IP litigation. Watch the video edition of this episode: https://www.courtroomsciences.com/r/58S.

The Litigation Psychology Podcast - Episode 63 - Reptile, Reverse Reptile and Anchoring

Attorney Nick Rauch with Larson King in St. Paul, Minnesota joins the podcast and talks with Dr. Bill Kanasky about his recent article in For the Defense on counter anchoring and the reverse reptile and how he has used reverse reptile in depositions. Nick explains the concepts of anchoring and counter-anchoring and shares examples to describe this psychological concept and how it influences jurors. Nick and Bill also talk about leveraging counter anchoring throughout the litigation process, not just at trial and the importance of practicing the skills to defend against reptile, plus more. Watch the video edition of this episode: https://www.courtroomsciences.com/r/FhP.

The Litigation Psychology Podcast - Episode 62 - Frank Ramos, Jr. on Mentoring Attorneys

Well-known speaker and author Frank Ramos, Jr., Partner with Clarke Silverglate, joins the podcast to share a bit about his background and his approach to mentoring young, early career attorneys. Frank talks about his recommendations for attorneys to focus on training for both soft and hard skills and his suggestions on marketing and promoting yourself, particularly on social media. He provides his thoughts on the future of attorney training, including how the increase in virtual training will continue and improve over time. Lastly, he offers his perspective on career opportunities, how firms can address the increased turnover of associates and his advice for new law school grads on how to make decisions about offers from different firms. Watch the video version of this episode here: https://www.courtroomsciences.com/r/vht.

The Litigation Psychology Podcast - Episode 61 - Preparing Witnesses for Reptile Depositions

Brad Hughes, trial lawyer with Clark Hill in Los Angeles, joins the podcast to talk about the differences in how he approaches a catastrophic injury case in his transportation litigation work versus a corporate matter. Dr. Bill Kanasky and Brad discuss the increasing presence of Reptile in commercial cases, the differences between preparing witnesses in trucking cases versus witnesses in commercial litigation and why Brad thinks preparing for deposition with trucking witnesses is easier than preparing corporate and 30(b)(6) witnesses. Bill and Brad also talk about cognitive fatigue in deposition, their recommendations on when breaks should be taken, how that helps the attorney and their client, what constitutes a break, and what you should do with your witness during a break. Lastly, Brad gives his perspective on virtual depositions and the importance of doing research on what the plaintiff's bar has been planning once courts open back up. Watch the video version of this episode here: https://www.courtroomsciences.com/r/Q7H

The Litigation Psychology Podcast - Episode 60 - Managing Trucking Litigation

Trucking defense attorney Sophia Bernard of Lewis Brisbois in Tampa joins the podcast to talk about transportation and trucking litigation and her process on handling catastrophic cases. She discusses the difficulties of dealing with the emotion of the driver and the importance of recognizing and addressing the trauma the driver is experiencing due to the accident and having to relive it during deposition and at trial. Sophia also shares her thoughts on how to avoid creating opportunities for Reptile attorneys at deposition, life care plans, surveillance video, and the challenge with being a black female attorney in the trucking and transportation industry. Watch the video of this episode here: https://www.courtroomsciences.com/r/gVV

The Litigation Psychology Podcast - Episode 59 - Best Practices for Managing Large Cases

Trial attorneys and partners Thomas Segars & James Weiss from Ellis | Winters join the podcast to talk with Dr. Bill Kanasky about high exposure litigation and their process to approach these cases. Tom and Jamie share the importance of getting started early and the work they do on thinking about the themes for both the defense and for opposing counsel. They emphasize the need to meet with your witnesses early, well before the deposition, and to build rapport and trust with them and to conduct early evaluations of the witnesses based on those discussions. The group also discuss the challenges of dealing with "smoking gun" bad documents and how best to manage those documents. Tom and Jamie share their philosophies on witness deposition preparation and training, especially when dealing with difficult witnesses such as former employees and their take on virtual depositions and the pros and cons. Lastly, Tom, Jamie, and Bill discuss the importance of investing in mock trials and conducting them scientifically and realistically, especially because of what's at stake. Watch the video version of the podcast here: https://www.courtroomsciences.com/r/ksi

The Litigation Psychology Podcast - Episode 58 - Heather Snider on Zoom Trials

Shareholder and defense attorney Heather Snider from Segal McCambridge Singer & Mahoney in Chicago joins the podcast and shares her experience with a recent 5-day Zoom bench trial, including what worked, what didn't, how technical issues and objections were handled, and more. Heather and Dr. Bill Kanasky also discuss the current and future state of virtual depositions, virtual witness trainings and possible virtual jury trials. They talk about the pending bill in Illinois that proposes starting pre-judgement interest of 9% from notice of injury and what the ramifications of that could be if signed into law. Lastly, Heather and Bill share their perspectives on Reptile theory, the increased aggressiveness of the plaintiff's bar, particularly Reptile attorneys, the importance and benefit of preparing witnesses proactively, especially 30(b)(6) witnesses for depositions and Heather shares her thoughts on the challenges of being a young, female defense attorney in today's world. Watch the video version of this episode here: https://www.courtroomsciences.com/r/5qx.

The Litigation Psychology Podcast - Episode 57 - Brent Turman on Storytelling in Litigation

Trial attorney Brent A. Turman from Dallas firm Bell Nunnally & Martin, LLP joins the podcast with Dr. Steve Wood to discuss the value and impact of storytelling in litigation. Brent has a fascinating background that has helped him develop his storytelling skills, which he applies to cases he works on. Brent worked on the "Fifty Shades of Grey" fan fiction royalties dispute case from a few years back and shares background on the case and how he and his team approached the case and structured their argument for trial based on the use of the classic 3 Act structure. He also talks about the importance of thinking about a theme for your case to help figure out what topics you are going to hit on during trial and how to be careful about talking down to jurors when bringing up complex issues. Watch the video version of this podcast: https://www.courtroomsciences.com/r/Ry7

The Litigation Psychology Podcast - Episode 56 - Trucking, Covid-19 and Juror Perceptions

This episode of The Litigation Psychology Podcast focuses on how the trucking and transportation industry responded to the pandemic and the impressions, attitudes, and beliefs that jurors have toward transportation and trucking companies. Dr. Steve Wood discusses research that CSI has conducted to understand jurors' views of the trucking industry in light of Covid-19 and the role these companies have played during the pandemic. Dr. Bill Kanasky and Dr. Wood also talk about the opportunities missed and the opportunities that still exist for the trucking industry to highlight the positive things they do and contributions they make to society and the benefits of bringing these things to the forefront of potential juror's minds in advance of litigation. Watch the video version of this episode: https://www.courtroomsciences.com/r/pjH

The Litigation Psychology Podcast - Episode 55 - Managing Witness Mental Health for Deposition

Trucking defense attorney Mike Bassett joins the podcast to discuss the steps that he takes before he begins working with a witness: establishing trust, understanding their backstory, addressing their concerns and questions and establishing their state of mind. Without the proper pre-preparation, any training or witness prep you have planned will not stick. Mike and Dr. Bill Kanasky discuss the importance of understanding what is going on in people's lives; for example, their thoughts and feelings about Covid-19, about current political and social issues, etc., to identify potential mental stressors they may be dealing with before you start on witness prep for the deposition. Lastly, Mike and Bill talk about the challenges for attorneys and their staff with Covid-19, the importance of relationships, and what defense firms and insurance companies should do differently in 2021 to manage their cases. Watch the video version of this podcast: https://www.courtroomsciences.com/r/qVP