The Litigation Psychology Podcast

The Litigation Psychology Podcast - Episode 204 - The Anatomy of a Defense Verdict in a High Profile Case

Will Stute, Partner at Orrick, joins Steve Wood, Ph.D. to discuss the work he did on Gee v NCAA in which he won a defense verdict. Will provides some personal background and ways he has honed his craft and then relates his experience with defending mass tort cases. He gives an overview of the strategy behind this bellwether case (Gee v NCAA) he worked on, plus his insights on leveraging jury research for his cases and his approach to jury selection. Will and Steve talk about how best to leverage objections, the feedback that jurors in this case provided after their verdict, and also the media coverage and cameras in the courtroom for this trial. Lastly, Will and Steve discuss the importance and process of preparing witnesses for testimony. Watch the video of this episode: https://www.courtroomsciences.com/r/5fR

The Litigation Psychology Podcast - Episode 203 - Med Mal Litigation Part 3 - Medical Malpractice Litigation Consulting

Jeff Willis, MD, Owner/Physician Consultant of On-Call MedLegal Consulting joins Bill Kanasky, Jr., Ph.D. to talk about consulting for medical malpractice attorneys. Dr. Willis specializes in pre-litigation and pre-trial services, working as a member of the legal team from intake through resolution. Dr. Willis provides case merit analysis, precision medical expert matching, case strategy development, and deposition preparation. Jeff and Bill discuss expert witnesses, the differences between a D.O and M.D., legal nurse consultants, and the differences between plaintiff attorneys and defense attorneys in how they manage medical malpractice cases, Lastly, Jeff and Bill share their fears and concerns about healthcare in the future. Watch the video of this episode: https://www.courtroomsciences.com/r/3tG

The Litigation Psychology Podcast - Episode 202 - Tips on Navigating Your Career as a Young Attorney

Trial Attorney Cody Gomora from The Wolf Law Firm, P.C. joins Bill Kanasky, Jr., Ph.D. to discuss how younger attorneys can navigate their role as civil litigation defense attorneys. Cody shares how his experience in the district attorney's office and trying criminal cases gave him invaluable courtroom experience that he now applies in his civil litigation defense work. Bill and Cody also discuss generational differences between attorneys, between attorneys and jurors, and talk about the impact and influence of social media in litigation. Lastly, Bill and Cody discuss the importance of mentorship for younger attorneys. Watch the video of this episode: https://www.courtroomsciences.com/r/7Sv

The Litigation Psychology Podcast - Episode 201 - Med Mal Litigation Part 2 - Expert Witness Testimony

Bill Kanasky, Jr., Ph.D. talks about the role and impact of expert witnesses in medical malpractice litigation. Bill shares that typically expert witness testimony doesn't get you very far in med mal cases in terms of juror decision-making. This is due to the fact that the expert witness is unable to directly evaluate the patient unlike expert witnesses who can, for example, evaluate defective parts in a product liability case. Expert witnesses in medical malpractice cases can help with case evaluation and help with preparing the case, but their testimony does not influence juror decision-making. One area where an expert witness can make an impact is with the visual presentation of the case and their ability to teach. The most important influence over juror decision-making will be the testimony and performance of the fact witnesses in your case.

The Litigation Psychology Podcast - Episode 200 - Misperceptions About Juror Anger and Nuclear Verdicts

Steve Wood, Ph.D. & Bill Kanasky, Jr., Ph.D. commemorate the 200th episode of The Litigation Psychology Podcast and discuss the misunderstanding many have about the correlation between juror anger and outsized verdicts. Steve and Bill share the scientific data that Courtroom Sciences has collected and analyzed to understand the role that juror anger does or does not play in nuclear verdicts. Steve and Bill explain the process of collecting the data and how the results show that although juror anger is a factor in large damage awards, it is a small percentage when compared to other factors. Watch the video of this episode: https://www.courtroomsciences.com/r/GSV

The Litigation Psychology Podcast - Episode 199 - Med Mal Litigation Part 1 - Nurse Depositions (LPNs)

In the first part of a series of episodes about medical malpractice litigation, Bill Kanasky, Jr., Ph.D. talks about nurses sitting for deposition, in particular, the LPN, and the importance of the initial meeting and communication with these nurses. These lower-level nurses often struggle at deposition due to their nervousness about the process, fear of the ramifications, potential blame issues, etc. It's critical to meet with these nurses as soon as possible, checking in with them, seeing how they are doing, and demonstrating that you care about them as a person. Bill discusses how crucial the initial assessment of their mental, physical, and emotional state is before any prep for the deposition starts. Also, it is important to ask them difficult questions about their job, including whether there have been issues at work previously, whether they blame anyone else for the incident at the heart of the case, and their specifics memories of what took place. Lastly, Bill talks about getting their commitment to work with you to prepare for their deposition. Watch the video of this episode: https://www.courtroomsciences.com/r/c3S

The Litigation Psychology Podcast - Episode 198 - Social Media and the Courtroom

Steve Wood, Ph.D. is joined by Sean Murphy, Practice Leader of CSI Critical Communications & Brent Turman, Partner with Bell Nunnally to talk about social media in the courtroom. Sean begins by talking about cameras in the courtroom and gives the example of the narrative around Donald Trump's upcoming trials and his team's request for allowing cameras in the courtroom. Brent shares how important public opinion can be in some trials and how that may influence the wording in different motions that the trial teams may file, even if that language may not be legally necessary but instead may be influential for the narrative in the traditional media and social media. The group offer their perspectives on the Johnny Depp and Amber Heard trial and how their legal teams did and did not leverage social media to influence the court of public opinion, as well as, how documentaries about different trials have an impact on the reputation of the litigants involved. Lastly, Steve, Sean, and Brent discuss other social media and public perception considerations that should be factored in when managing litigation. Watch the video of this episode: https://www.courtroomsciences.com/r/XDk

The Litigation Psychology Podcast - Episode 197 - Making an Accident Plan

Bill Kanasky, Jr., Ph.D. is joined by Brendan Dawson, Founder of Accident Plan, to talk about how the Accident Plan software helps guide truck drivers to manage and secure an accident scene when an incident occurs and capture the critical data to be shared with others offsite. Brendan shares how the training for truck drivers using Accident Plan allows them to be more prepared and follow a process and checklist when dealing with an accident. Bill and Brendan talk about the return on investment on being proactive and getting stakeholders informed quickly and early so that claims can be handled effectively and at the lowest possible cost in terms of money and time. Brendan also discusses the work he does in private investigation for both the defense and plaintiff side. Brendan offers his advice to defendants to investigate yourself; to know your own weaknesses and shortcomings before opposing counsel does it for you. Watch the video of this episode: https://www.courtroomsciences.com/r/zVu

The Litigation Psychology Podcast - Episode 196 - Listener Mail

Steve Wood, Ph.D. & Bill Kanasky, Jr., Ph.D. kick off 2024 with another episode answering podcast listener mail. Questions addressed:
-  How can I deal with anchoring by plaintiff's counsel?-  Is it okay if my witness wears a nose ring to her video deposition?-  How can I deal with an ex-employee who is not willing to cooperate in their deposition prep?-  Does it sound bad for a witness to respond to a question with "I don't know"?-  Is it better for a female attorney to cross-examine an adverse female witness?-  Should I use the Reptile book during my closing argument to help jurors recognize what the Reptile attorney is doing?-  What are things that the defense team can do that really bother the plaintiff's team?

The Litigation Psychology Podcast - Episode 195 - Working with Witnesses Suffering from PTSD

Steve Wood, Ph.D. & Bill Kanasky, Jr., Ph.D. talk about the impacts of PTSD (post-traumatic stress disorder) on witnesses in litigation. PTSD can occur in several different types of litigation and isn't exclusively just in cases involving vehicle accidents or bad medical outcomes. Steve and Bill provide a checklist for defense attorneys on what to look for when working with witnesses to identify potential PTSD issues that may require additional time, assessment, or even treatment. 
Some signs to look for and/or questions to ask: - intrusive memories and thoughts; - negative changes in thinking and mood; - ask about their relationships and their support network; - assess their reactions and attitude; - how's your sleep quality?; - are you self-medicating/drinking?; - are you experiencing or dealing with physical pain?
Watch the video of this episode: https://www.courtroomsciences.com/r/sRl