The Litigation Psychology Podcast

The Litigation Psychology Podcast - Episode 231 - From the Trenches - Q3 2024

Bill Kanasky, Jr., Ph.D. and Ava Hernandez join host Steve Wood, Ph.D. for another edition of From the Trenches where they discuss recent observations and updates from jury research projects, witness trainings, and cases that the CSI team have been working on. First, they talk about how too many attorneys wait until close to trial to contact the CSI team for help with training witnesses for trial and/or jury research, or even jury selection, and the problems with waiting until the eve of trial to bring in help. They discuss the more appropriate timing to prepare witnesses for trial and why starting early is important, particularly with emotional or challenging witnesses, because of the significant time it takes for behavior change. Next, they talk about the pitfalls of having the witness's spouse present during their testimony and why the spouse should not be involved in a witness's deposition preparation nor in the courtroom. Ava shares how defense attorneys should prepare for aggressive plaintiff counsel questioning of emotional witnesses and how the training for these emotional witnesses needs to be handled during preparation. The team also discuss use of interpreters and how some witnesses for whom English is a second language sometimes request an interpreter for their deposition, however, they are fluent enough that an interpreter is not needed and actually creates a credibility issue. Lastly, the group talk about how the qualifications of an expert witness do not always translate to a strong performance during testimony. Watch the video of this episode: https://www.courtroomsciences.com/r/PJQ

The Litigation Psychology Podcast - Episode 230 - Fact or Fiction?

Paul Motz, Shareholder and Trial Attorney, at Segal McCambridge Singer & Mahoney joins Bill Kanasky, Jr., Ph.D. to dispel several myths around litigation and talk about what's fact and what's fiction. Paul and Bill discuss whether jurors hate corporations, whether the person most knowledgeable should always serve as the corporate representative, whether someone who has been deposed many times before is a good witness for subsequent depositions, whether witnesses can win the case at deposition, whether witnesses are more vulnerable during a Zoom deposition, when to prep witnesses for trial, whether the former employee is always a horrible witness, whether mock trials are superior to focus groups, and whether witnesses with tattoos or piercings have credibility issues with jurors.

The Litigation Psychology Podcast - Episode 229 - Getting to Know Steve Wood, Ph.D.

Steve Wood, Ph.D. joins host Ava Hernandez to discuss his background and how he got into the litigation consulting business. Steve shares details on his education and his interest in how people make decisions which he applies to his role as a litigation consultant. Ava and Steve also talk about their fascination with how people behave and in particular how people's perspectives are influenced by their interactions with others especially within the context of the litigation process. Steve discusses the changes he has seen in litigation since he started as a litigation consultant and the aspects of litigation research that he finds the most fascinating. Lastly, Ava and Steve discuss the importance of humanity in the approach to litigation, even in an adversarial business. Watch the video of this episode: https://www.courtroomsciences.com/r/KgM

The Litigation Psychology Podcast - Episode 228 - Managing Trial Stress

Bill Kanasky, Jr., Ph.D. talks about how to manage stress during trial. Bill shares the three areas to focus on: physical health, emotional health, and mental health. 
Physical health keys: 1. Protect your sleep - really important to get plenty of restful sleep. 2. Exercise - get your body moving, even if its just for a few minutes by taking a walk or a short run. 3. Eat right - you have to eat well and eat right; ignoring your diet is a recipe for poor performance. 
Emotional health: To preserve your emotional health, focus on making a self health plan. Carve out time for your family, every day during the trial.  
Mental health keys: Maintain positive thinking patterns. Avoid negativity and second-guessing. Control your emotions and avoid amygdala hijack.
Watch the video of this episode: https://www.courtroomsciences.com/r/UvM

The Litigation Psychology Podcast - Episode 227 - Talking About Memory with Dr. Elizabeth Loftus - Part 2

Nationally recognized and renowned memory expert Dr. Elizabeth Loftus joins Steve Wood, Ph.D. for the second part of their discussion about memory, where they talk about repressed memories. Dr. Loftus shares her experience working on cases where repressed memories were at the core of the case and the research she has done on repressed memories and false memories. Steve and Elizabeth discuss the ways in which she has been challenged and attacked for her research and the work she has done around repressed memories. Lastly, they talk about how Dr. Loftus acts as an investigator on the cases she works on.

The Litigation Psychology Podcast - Episode 226 - Listener Mail

Bill Kanasky, Jr., Ph.D. answers another round of podcast listener mail:
- What is the best timing for witness training?- What is the best routine for the witness the morning of the deposition? - How do you deal with catastrophic injury and death cases every week?- How long should focus groups be?- Any updates on nuclear verdicts and how to prevent them?
Watch the video of this episode: https://www.courtroomsciences.com/r/yn6

The Litigation Psychology Podcast - Episode 225 - Talking About Memory with Dr. Elizabeth Loftus - Part 1

Nationally recognized and renowned memory expert Dr. Elizabeth Loftus joins Steve Wood, Ph.D. for the first part of a two-part episode about memory. Dr. Loftus is a Distinguished Professor at University of California-Irvine and has consulted on the issue of memory for hundreds of civil and criminal cases throughout her career. Dr. Loftus shares her background on how she got into the study of memory and eyewitness memory, in particular. Dr. Loftus describes the three major stages of eyewitness memory, the malleable nature of memory, and gives examples of research studies that she has been involved with, including research on suggestions, leading questions, and semantics. Steve and Beth talk about the impact of stress on memory, the misconceptions about memory, and the types of cases that Dr. Loftus has been involved with where memory is one of the core issues, including the Martha Stewart insider trading case. Lastly, Steve and Elizabeth talk about misinformation, memory contamination, and the "I don't remember" and "I don't recall" responses of witnesses at deposition.

The Litigation Psychology Podcast - Episode 224 - Managing the Trial Process

John E. Hall, Jr., Partner with Hall, Booth, Smith, P.C. joins Bill Kanasky, Jr., Ph.D. to talk about the trial process. Bill and John discuss preparation for trial, managing stress leading up to trial, as well as, managing stresses during trial. John shares the strategic approach his team employs to prepare for trial and how he works with his trial team. John and Bill talk about how to stay focused on trial matters while there may be conversations taking place about settlement, as well as, how to deal with opinions and ideas from other stakeholders such as insurance carriers, reinsurance, excess, etc. They talk about how to handle judges that may not be favorable toward the defense, the importance of strategic objections, and managing clients at trial. Lastly, Bill and John discuss the differences between the plaintiffs bar and defense bar with regards to collaboration, the structural issues that encourage the sharing on the plaintiffs side and limit it on the defense side, and solutions to providing younger attorneys with more opportunities to learn and become better trial attorneys. Watch the video of this episode: https://www.courtroomsciences.com/r/sV8

The Litigation Psychology Podcast - Episode 223 - The Future of Legal with Jordan Furlong

Legal Sector Analyst and Forecaster Jordan Furlong joins host Ava Hernandez to discuss a range of topics around the future of legal including shifts in market expectations, the development of early career lawyers, and changes in the business of law. Jordan and Ava talk about how law firms must reconsider and reimagine their approach to their purpose. Jordan highlights  how the development program for new associates needs to change, in particular due to the impact AI and other technologies are having on lower-level legal work. They discuss generational divides in law firms and how successful firms are managing the mix of generations in their firms. Ava and Jordan also speak about the expectations of clients today, how difficult it is for firms to adapt to these changing client requests, and the lack of trust on both the law firm side and the client side when considering changes. Lastly, Jordan and Ava talk about how millennials can position themselves to be the type of lawyer they want to be. Watch the video of this episode: https://www.courtroomsciences.com/r/Rk1

The Litigation Psychology Podcast - Episode 222 - Opening Statements Part 2 - What To Do

As a follow-up to Part 1 (Episode #220) of what not to do in opening statements, Bill Kanasky, Jr., Ph.D. talks about what to do in your opening statements. Bill discusses a few key principles for delivering opening statements: the speed of delivery, eye contact, repetition, pausing/using silence, movement, volume, and telling the jurors what you want. Bill talks about primacy and recency effects and leveraging them in the delivery of an opening statement and also defines and describes the cognitive lens and how it should be used to frame your case. Bill breaks down why a shorter opening statement is critical and how much time should be spent on each element of the opening. Watch the video of this episode: https://www.courtroomsciences.com/r/WOQ