The Litigation Psychology Podcast

Nov 04 2024 237 ep. 30 mins 35
The Litigation Psychology Podcast artwork

The Litigation Psychology Podcast presented by Courtroom Sciences, Inc. (CSI) is a podcast for in-house and outside defense counsel and insurance claims personnel about the intersection of science and litigation. We explore topics of interest to the defense bar, with a particular emphasis on subjects that don‘t get enough attention. Our hosts are experts in Clinical Psychology, Social Psychology, and scientifically-based jury research with a wealth of knowledge about science, research, human behavior, and decision making, which they apply in the context of civil litigation.

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The Litigation Psychology Podcast - Episode 237 - No Trust, No Nothing - The First Meeting with a Witness

Nov 04 2024 35 mins  
Bill Kanasky, Jr., Ph.D. talks about something all attorneys, but particularly early career attorneys, need to keep in mind when preparing witnesses for deposition. Sometimes witnesses come into deposition preparation with some trauma which could be related to the litigation, or from other sources, that may be triggered or further exacerbated by the litigation. It's important for t

The Litigation Psychology Podcast - Episode 236 - Preparing for the Storm (i.e., Pre-Litigation Management)

Oct 28 2024 32 mins  
Bill Kanasky, Jr., Ph.D. talks about the critical importance of preparation for litigation, and particularly early preparation. Bill discusses the risks for the defense by not being prepared and the costs for not being prepared. Bill talks about steps to take before litigation even strikes:1. Education: Identify people who will be involved in litigation and/or likely to get deposed

The Litigation Psychology Podcast - Episode 235 - Name, Image, and Likeness (NIL) and Litigation

Oct 21 2024 36 mins  
Jonathan Wohlwend, Associate Attorney at Bradley, joins Steve Wood, Ph.D. to talk about Name, Image, Likeness (NIL) and the legal implications around NIL. Jonathan provides background on what NIL is and is not, particularly within the context of college athletics, and describes how the process for NIL works for recruiting players. Jonathan defines what a collective is, the changes

The Litigation Psychology Podcast - Episode 234 - The Danger With Witnesses Who Guess

Oct 14 2024 35 mins  
Bill Kanasky, Jr., Ph.D. talks about the biggest mistake witnesses make during testimony: guessing. Bill describes why this happens, even in light of clear direction to not guess, and how to address it. Bill talks about the attention/behavior gap which is driven by the brain's native neurocognitive wiring and explains the two categories of reasons why witnesses guess: internal and

The Litigation Psychology Podcast - Episode 233 - Don't Let Your Witnesses Fight with a Professional Fighter

Oct 07 2024 19 mins  
Steve Wood, Ph.D. talks about seeing more and more examples of witnesses who are fighting with opposing counsel in their deposition or at trial, motivated by a desire to get their story across. Steve covers several reasons why pivoting like this is a bad idea including: arguing with a professional arguer is foolish; jurors view witnesses who pivot or argue with opposing counsel as

The Litigation Psychology Podcast - Episode 232 - Considerations for Selecting an Expert Witness

Sep 30 2024 26 mins  
Bill Kanasky, Jr., Ph.D. talks about how to select experts for trial testimony. One option is to pick national experts and another approach is to choose an expert who is more local to the venue. Bill walks through some important considerations when selecting an expert witness: - How much time does the expert spend testifying professionally?- How much of their income comes from test

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

Sep 23 2024 56 mins  
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 witn

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

Sep 16 2024 32 mins  
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 dep

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

Sep 09 2024 33 mins  
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

The Litigation Psychology Podcast - Episode 228 - Managing Trial Stress

Sep 02 2024 30 mins  
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 - yo