The Litigation Psychology Podcast

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

The Litigation Psychology Podcast - Episode 46 - Tim Christ on Forensic Engineering for Insurance Claims

Author, forensic engineer, and insurance industry expert Tim Christ joins the podcast to discuss forensic investigations for fraud and how his book on this topic: Becoming a World-Class Expert: The Business of Forensic Engineering came to be. Tim talks about how mediations can be used to resolve claims, what a client should look for when hiring an expert, the importance of preparing expert witnesses just like preparing fact witnesses, and how experts can be used to thwart injury claims by plaintiff, and more. To watch the video of this podcast: https://www.courtroomsciences.com/r/Uxj

The Litigation Psychology Podcast - Episode 45 - Nuclear Verdicts & The Myth of Social Inflation

CSI Litigation Consultant Dr. Steve Wood joins the podcast to discuss the causes of nuclear verdicts and the myth of social inflation. Dr. Wood and Dr. Kanasky explain the psychology behind the concept of social inflation and why it is being promoted so much. They also talk about how you can leverage early jury research and science to find out what will happen in a case, and the importance of doing this research before settlement negotiations start. Lastly, they discuss the myth of the millennial juror plus how the plaintiff's bar is doing so much more, and so much better, than the defense bar in terms of cooperation with one another and the gaps this creates. To watch the video of this podcast: https://www.courtroomsciences.com/r/7IQ

The Litigation Psychology Podcast - Episode 44 - Jason Long on Healthcare Litigation

Jason Long, Attorney with London | Amburn Attorneys at Law joins the podcast to discuss several healthcare litigation topics. Jason and Dr. Bill Kanasky talk about what the impacts of Covid-19 have been - both good and bad - on witness training, depositions, and some lessons learned thus far. They also chat about the importance of talking to healthcare professionals on how to answer questions about documentation, and setting expectations around documentation, to prevent from being trapped by reptile questions. Jason and Bill also highlight the challenges of working with nurse witnesses who, due to the circumstances of specific cases and the sympathy involved, may require emotional psychology training before testifying. They discuss the challenges of foreign-born healthcare professionals as witnesses and how to manage them, plus how things will change in jury selection and voir dire in light of Covid-19. And they conclude with their thoughts on the lack of development of younger defense attorneys and the importance of preparing them for litigating cases, especially with the plaintiff's bar so heavily investing in the development of their younger plaintiff attorneys. To watch the video of this podcast: https://www.courtroomsciences.com/r/Joo

The Litigation Psychology Podcast - Episode 43 - John E. Hall, Jr. on Healthcare Litigation

In this episode of The Litigation Psychology Podcast, Dr. Bill Kanasky is joined by Atlanta area trial attorney John E. Hall, Jr., Partner, Hall Booth Smith to discuss healthcare litigation. Bill and John talk about birth injury cases and the importance of understanding the basics of the medical aspects of the case, as well as the emotions of the family and the nurses and healthcare staff in these cases. They also discuss their perspective on giving healthcare workers the freedom to defend themselves based on the legal standard, not the medical standard, and what that means, especially in light of the emotional issues in these cases. In addition, they highlight the importance of a joint defense meeting in cases involving multiple defendants and in finding common ground; how the plaintiff's bar is driving nuclear (or aberration) verdicts; what the defense bar should be doing to train young lawyers; the power of anchoring damages and the strategy to attack damages; and the importance of early case assessment and providing a damages offer early, and more. To watch the video of this podcast: https://www.courtroomsciences.com/r/RqS

The Litigation Psychology Podcast - Episode 42 - Role of Emotion in Witness Deposition Testimony

In this podcast, CSI Litigation Consultant Dr. Bill Kanasky discusses the destructive role that emotion can play in witness deposition testimony. Emotion kills cognition and sends witnesses into a fight or fight response (the amygdala hijack). In this podcast, Dr. Kanasky shows examples of emotional witnesses and discusses how CSI's experts use neurocognitive training to prepare witnesses to stay calm during testimony, leading to better answers and better deposition testimony. To watch the video version of this podcast: https://www.courtroomsciences.com/r/DeC.

The Litigation Psychology Podcast - Episode 41 - Doug Marcello & Nuclear Verdicts

In this special edition of The Litigation Psychology Podcast, Trucking Litigation Attorney Doug Marcello interviews Dr. Bill Kanasky on the subject of nuclear verdicts. They discuss the definition of a nuclear verdict and what causes a nuclear verdict to occur, including the impact of Reptile and witness testimony on nuclear verdicts. Doug and Bill also take a deep dive into the importance of using the scientific method in trial research, why hunches or previous verdicts in the venue are fraught with limitations, and why claims adjusters should leverage scientifically gathered data before writing settlement checks. They also tackle the criticality of collecting jury data via a written survey vs oral voir dire, the implications of Covid-19 and social unrest on juror perceptions, and why corporations and insurance companies need to be more aggressive and take control early, especially in light of how aggressive the plaintiff's bar continues to be. To watch the video version of this podcast: https://www.courtroomsciences.com/r/2Dj

The Litigation Psychology Podcast - Episode 40 - Deposition Testimony

In this episode, CSI Litigation Consultant Dr. Bill Kanasky discusses the goals of deposition testimony, while addressing the issues with "pivoting" and why its such a poor strategy. Dr. Kanasky also shares examples of poor deposition testimony along with examples of great testimony to highlight the differences and how to achieve them. To watch the video version of this podcast: https://www.courtroomsciences.com/r/A3b