The Litigation Psychology Podcast

The Litigation Psychology Podcast - Episode 69 - The Evolution of the Insurance Claims Process

Tim Christ, Vice President of Growth for Claimatic, joins Dr. Bill Kanasky, Jr. to talk about how the insurance claims process has evolved over time. Tim provides some background on Claimatic, an intelligent decisioning software that automatically and quickly triages, routes, and assign thousands of claims in complex workflows and then shares how the claims process has evolved from highly manual to the use of more technology, albeit at a slow pace. Tim comments on how some in the insurance industry have begun to place more emphasis on improving the customer experience and the benefits to client retention and reducing churn. He talks about how some insurance companies have begun leveraging data to realize savings by speeding up payments on certain types of claims and what the concerns are with the broader use or adoption of technology by insurance companies. Lastly, Bill and Tim discuss the effects of COVID-19 on litigation and their thoughts and predictions on how companies will manage their workforces as they are able to return in-person to offices and what that means for continuing to work remotely or hybrid models, etc. Watch the video version of this episode: https://www.courtroomsciences.com/r/gGw

The Litigation Psychology Podcast - Episode 68 - Cross Examination Strategies and Tactics

With in-person trials beginning to ramp up again after the shutdowns caused by COVID-19, dusting off trial skills becomes important. In this episode of The Litigation Psychology Podcast, Dr. Bill Kanasky speaks to trial attorneys Paul Motz of Segal McCambridge and Georgianne Walker of May Oberfell Lorber about the art and science of cross examination. Paul and Georgianne discuss their individual philosophies around cross examination, how they make decisions about the approach they will take for cross based on the jury, and how they handle cross examination of an adverse co-defendant. Paul and Georgianne also share specific case examples and stories, talk about the role that gender might play in their cross examination strategy, how they manage cross examination of expert witnesses, and how they help their own witnesses when they are being attacked by opposing counsel. Lastly, the group discusses how they have been, and expect to, manage the physical distance Covid protocols in place when doing cross examination.  Watch the video of this episode: https://www.courtroomsciences.com/r/2pj

The Litigation Psychology Podcast - Episode 67 - Keys to Preparing for Virtual Depositions

Colleen Burke, James Hunter, and Kari Melkonian, Attorneys with Michigan law firm Collins Einhorn Farrell join Dr. Steve Wood to discuss the topic of virtual depositions. The group shares their experiences thus far with doing online depositions, including how they got started and what they've learned as best practices, plus things to watch out for. They discuss the advantages and disadvantages of preparing clients virtually and conducting depositions over Zoom and the importance of testing the technology beforehand and teaching the witness to identify and address any issues or distractions that can be dealt with in advance of the deposition day. They share how they remind deponents about the fact that these are formal proceedings, even when being done from the comfort of your own home, and what the protocols and procedures are that they need to adhere to. The panel emphasizes the importance of a good performance at deposition and how a bad deposition can result in a settlement offer being pulled or increasing exponentially. Lastly, the group weigh in on their expectations about whether jury trials would ever be conducted virtually. Watch the video version of this episode: https://www.courtroomsciences.com/r/x4b.

The Litigation Psychology Podcast - Episode 66 - Ellen Voie - President & CEO Women in Trucking Association

Ellen Voie, President and CEO of the Women in Trucking Association, joins the podcast to talk with Dr. Bill Kanasky about this association she started in 2007. Ellen and Bill discuss how and why the organization began, who its members are (its not only women!) and the roles that women play in the trucking industry. Ellen shares how she attracts women to a traditionally male dominated industry by telling stories to describe the roles women can play in the industry and how they keep in touch with their members. Ellen and Bill also discuss how the association works with drivers to support their physical and mental health and managing the truck driver shortage by recruiting more women to be drivers. Watch the video edition of this episode: https://www.courtroomsciences.com/r/XCU

The Litigation Psychology Podcast - Episode 65 - Attorney Inspiration from Kanye West

Brent Turman, Partner and Trial Attorney with Bell Nunnally & Martin LLP in Dallas, TX, joins the podcast to talk about how attorneys can draw inspiration from Kanye West in their approach to litigation. Brent uses milestones in Kanye's life and career to illustrate opportunities for litigators in how they manage cases. Brent and Dr. Steve Wood discuss four specific lessons including finding your voice, listening, using the right strategy, and pushing the envelope. This unique and interesting episode includes multiple examples and stories from both Kanye's career as well as from different cases that demonstrate how attorneys truly can be inspired by Kanye West. Watch the video version of this episode: https://www.courtroomsciences.com/r/unh

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