The Litigation Psychology Podcast

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

The Litigation Psychology Podcast - Episode 54 - Attorney Mark Perkins on Mental Health in Litigation

Trucking defense attorney Mark Perkins shares his personal experience with mental health and how he handles and addresses it. Mark and Bill Kanasky, Ph.D. talk about the ways the legal industry has, and has not, addressed mental health issues. They also discuss how the personal struggles that witnesses are experiencing in their daily lives, particularly in light of the Covid-19 pandemic, affect their mental health and how that can have a direct impact on their deposition testimony. Mark and Bill talk about the importance of taking the time to talk to witnesses about the litigation process and to address and alleviate their fears and concerns before they start their deposition preparation. Lastly, they discuss the challenges of confirmation bias, the necessity of quality supplemental juror questionnaires, and their thoughts on what people should do if they are experiencing mental health issues themselves. Watch the video version of this podcast: https://www.courtroomsciences.com/r/wQp

The Litigation Psychology Podcast - Episode 53 - Mental Health and Trucking Litigation

Our focus on mental health issues in litigation continues with trucking attorney Larry Hall, Shareholder with Sandberg Phoenix law firm in St. Louis, MO. Larry is the head of the transportation group and has extensive experience in trucking litigation. Larry and Dr. Bill Kanasky discuss the historically negative perception that jurors have had of the trucking industry and the opportunities that defense counsel need to take advantage of during voir dire and opening statements to bring more attention to how critical truck drivers and the transportation industry are to our daily lives, particularly during the pandemic. Larry and Bill then tackle the mental health challenges that exist in trucking litigation and the awareness we have to have when dealing with witnesses in trucking litigation. They talk about how defense counsel and their witness effectiveness consultants need to manage the mental health stressors of the truck drivers and other witnesses who are being deposed. They also discuss the importance of establishing trust with your witness before you begin any litigation specific discussion, the changes that will be needed in jury selection and voir dire when courts open back up since so much has changed due to Covid-19, and much more. Watch the video version of this podcast: https://www.courtroomsciences.com/r/oFH

The Litigation Psychology Podcast - Episode 52 - Mental Health of Witnesses

In this episode of The Litigation Psychology Podcast, Bill Kanasky, Ph.D. and Alyssa Parker, Ph.D. discuss the sensitive but hugely important topic of mental health. Mental health has always been a factor in litigation but since the onset of the Coronavirus pandemic, it has become broader and more critical, affecting an even larger percentage of the population. Dr. Kanasky and Dr. Parker talk about the challenges and stigma associated with mental health, the increase in mental health needs due to Covid-19, and the difficulty of accessing mental health treatment during the pandemic. They also share their expert insights on how mental health issues can impact witness testimony and case outcomes and the importance of fully evaluating the psyche of a witness with a trained psychologist prior to preparing for deposition or trial. Also covered is the need for attorneys to explain the litigation process to witnesses, and how to manage the relationship with a witness before, during, and after their deposition. Watch the video version of this podcast here: https://www.courtroomsciences.com/r/XYh

The Litigation Psychology Podcast - Episode 51 - Attorney Demeanor with Paul Motz & Matt Moffett

In this week's podcast, trial attorneys Paul Motz, Shareholder, Segal McCambridge Singer & Mahoney and Matt Moffett, Partner, Gray, Rust, St. Amand, Moffett & Brieske, LLP, join CSI Litigation Consultants Dr. Steve Wood and Dr. Bill Kanasky to discuss the topic of attorney credibility and attorney demeanor. The group talks about the difference between plaintiff and defense attorney performance, the aggressiveness of plaintiff attorneys compared to defense attorneys, and how that aggressiveness impacts all aspects of the litigation process, not just the trial. They speak about how the plaintiff’s bar has kept the defense bar in a reactive mode, how that has helped contribute to nuclear verdicts, and what can be done about them. In addition, the group discusses how the insurance defense industry can be better prepared during litigation and how they can leverage research, data, and witness training to guide settlement negotiations and decisions, and much, much more. Watch the video version of this podcast here: https://www.courtroomsciences.com/r/xd2

The Litigation Psychology Podcast - Episode 50 - Best Practices for Video Depositions

Video has become common for depositions, mediations, and witness trainings during these days of physical distancing. But appearing on video for these virtual sessions isn't the same as being in person and requires a specific approach and attention to detail to different things. Jackie Arguijo, Video Production Coordinator for Courtroom Sciences, Inc. joins the podcast to talk about best practices for video sessions including video and audio tips, your environment, lighting, how to limit distractions, testing your internet connection, and so much more. A practical session to help better manage any virtual meeting. Watch the video version of this podcast: https://www.courtroomsciences.com/r/Q2L