The Litigation Psychology Podcast

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

The Litigation Psychology Podcast - Episode 49 - Virtual Witness Training, the Good, Bad, and the Ugly

In this episode of the Litigation Psychology Podcast, CSI Litigation Consultants Dr. Bill Kanasky, Dr. Alyssa Parker, and Dr. Steve Wood discuss virtual witness training best practices. The team talks about the advantages of conducting witness effectiveness trainings virtually since depositions are also being done remotely, as well as how they go about delivering effective witness training when they can’t be in the same room as the witness and attorneys. Additional topics discussed include their experiences with the best – and worst - physical setups for the virtual trainings, what the advantages are for virtual training and depositions over in-person, the outcomes and feedback they have received from attorneys and witnesses after their virtual witness effectiveness training and depositions, and more. Watch the video version of this podcast: https://www.courtroomsciences.com/r/kkg

The Litigation Psychology Podcast - Episode 48 - Doug Marcello on Trucking Litigation

Trucking attorney Doug Marcello joins the podcast to discuss trial tactics for trucking litigation cases. Doug shares the process he uses in planning his case, the importance of persuasion, and how he builds a story for the jury right from opening statement. Doug and Dr. Bill Kanasky also talk about the impact of Reptile on trucking litigation with the ubiquitous - and dangerous - challenge of the "safety is our top priority" mantra in the transportation industry and how to address this when you have clients who are actively promoting "safety" in their company's marketing materials including websites, employee manuals, vehicles, buildings, and more. Watch the video of this podcast: https://bit.ly/3lmWFsr

The Litigation Psychology Podcast - Episode 47 - Toxic Tort Cases with Attorney Rick Braun

Rick Braun, Partner in the Detroit office of Hawkins Parnell and Young, LLP talks with CSI Litigation Consultant Dr. Steve Wood about toxic tort cases, how the media portrays these types of cases and how these portrayals impact defending toxic tort cases. They discuss the influence of pop culture, infotainment, "pseudo-science", and plaintiff attorney TV advertising on the perceptions of the jury pool and how defense attorneys need to prepare to defend against these influences. Additional topics include the importance of a credible narrative for your case, the criticality of a well-trained corporate representative and expert witnesses, and the value of focus groups and mock trial research to drive strategic decisions about your case, and more. View the video version of this podcast here: https://www.courtroomsciences.com/r/pSN