Trial attorneys and partners Thomas Segars & James Weiss from Ellis | Winters join the podcast to talk with Dr. Bill Kanasky about high exposure litigation and their process to approach these cases. Tom and Jamie share the importance of getting started early and the work they do on thinking about the themes for both the defense and for opposing counsel. They emphasize the need to meet with your witnesses early, well before the deposition, and to build rapport and trust with them and to condu...
Mar 01, 2021•29 min•Ep. 61
Shareholder and defense attorney Heather Snider from Segal McCambridge Singer & Mahoney in Chicago joins the podcast and shares her experience with a recent 5-day Zoom bench trial, including what worked, what didn't, how technical issues and objections were handled, and more. Heather and Dr. Bill Kanasky also discuss the current and future state of virtual depositions, virtual witness trainings and possible virtual jury trials. They talk about the pending bill in Illinois that proposes start...
Feb 22, 2021•23 min•Ep. 60
Trial attorney Brent A. Turman from Dallas firm Bell Nunnally & Martin, LLP joins the podcast with Dr. Steve Wood to discuss the value and impact of storytelling in litigation. Brent has a fascinating background that has helped him develop his storytelling skills, which he applies to cases he works on. Brent worked on the "Fifty Shades of Grey" fan fiction royalties dispute case from a few years back and shares background on the case and how he and his team approached the case and structured...
Feb 15, 2021•21 min•Ep. 59
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 miss...
Feb 08, 2021•16 min•Ep. 55
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 feelin...
Feb 01, 2021•26 min•Ep. 58
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...
Jan 25, 2021•28 min•Ep. 57
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 attent...
Jan 18, 2021•20 min•Ep. 56
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 t...
Jan 11, 2021•20 min•Ep. 54
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 aggressi...
Jan 04, 2021•31 min•Ep. 53
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 distract...
Dec 21, 2020•21 min•Ep. 52
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...
Dec 14, 2020•25 min•Ep. 51
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...
Dec 07, 2020•20 min•Ep. 50
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...
Nov 30, 2020•27 min•Ep. 49
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 plaint...
Nov 23, 2020•23 min•Ep. 48
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 millennia...
Nov 16, 2020•13 min•Ep. 47
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 re...
Nov 09, 2020•33 min•Ep. 45
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 thems...
Nov 02, 2020•27 min•Ep. 44
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...
Oct 26, 2020•6 min•Ep. 43
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...
Oct 19, 2020•43 min•Ep. 42
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
Oct 12, 2020•8 min•Ep. 41
Demographics (age, gender, political affiliation, occupation, etc.) are not predictive of juror behavior and decision-making. Instead, juror attitudes, beliefs, experiences, and personality traits are what most influence how jurors will evaluate a case. Understanding these deeper characteristics requires a different, more scientific approach to voir dire, particularly with jurors you will encounter post-Covid-19. This episode of The Litigation Psychology Podcast describes why demographics aren't...
Oct 05, 2020•7 min•Ep. 40
In recent years, American politics have been highly polarized. CSI's Litigation Consultants recently conducted research on the extent to which jurors’ political affiliation “matters,” and illustrates why jurors’ political orientation must be considered within the context of other social and psychological factors to maximize the effectiveness of jury selection strategy. In this episode of The Litigation Psychology Podcast, CSI Litigation Consultants Dr. Steve Wood and Dr. Lorie Sicafuse discuss t...
Sep 28, 2020•23 min•Ep. 39
The Litigation Psychology Podcast welcomes Dale Paleschic, Managing Partner at Luks, Santaniello, Petrillo & Cohen in Tallahassee, FL. Dale and Dr. Bill Kanasky discuss the challenges of deposition and witness testimony of different types of healthcare professionals, including nursing staff and foreign-born physicians. Plus, they talk about why healthcare professionals, especially nurses, are so susceptible to plaintiff reptile attacks. To watch the video of this podcast: https://www.courtro...
Sep 21, 2020•25 min•Ep. 38
The guest for this episode of The Litigation Psychology Podcast is Georgianne Walker, Partner at May Oberfell Lorber. Georgianne talks to us about the challenges of preparing foreign-born physician witnesses for testimony and the concerns and anxieties of some foreign-born physicians. She also discusses the challenges of working as a female attorney and her advice for younger, early career female attorneys. Bill and Georgianne also talk about preparing for a plaintiff reptile attack, the consequ...
Sep 14, 2020•17 min•Ep. 36
Dr. Bill Kanasky interviews St. Louis defense attorney Tad Eckenrode, Partner at Eckenrode-Maupin, about medical malpractice litigation, preparing doctors, physicians and healthcare professionals for testimony, and juror perceptions of healthcare workers in the COVID-19 era. To watch the video version of this podcast: https://bit.ly/336z1uZ.
Aug 31, 2020•15 min•Ep. 35
This episode of The Litigation Psychology Podcast highlights a topic that doesn't get very much attention: the Reptile Opening Statement. Dr. Bill Kanasky discusses how Reptile attorneys build an opening statement and how a defense attorney needs to be prepared and respond. Dr. Kanasky also provides an explanation of Primacy and Recency Effects, as well as the top miscues by defense attorneys in their opening statements. To view the video version of this podcast, click here: https://bit.ly/2XbHK...
Aug 24, 2020•12 min•Ep. 34
On this episode of The Litigation Psychology Podcast, Dr. Lorie Sicafuse and Dr. Steve Wood discuss the topic of attorney credibility. Dr. Wood has researched attorney credibility for a number of years and shares his insights on the importance of the credibility of both plaintiff and defense attorneys to jurors during the litigation process. They discuss what jurors see that makes them believe that an attorney is or is not credible, what factors they like and don't like to see from an attorney, ...
Aug 17, 2020•31 min•Ep. 37
This video episode of The Litigation Psychology Podcast features Dr. Bill Kanasky and Dr. George Speckart discussing the hot topic of nuclear verdicts and nuclear settlements. Dr. Kanasky and Dr. Speckart wrote an extensive article on the nuclear verdict phenomenon and talk about their insights and analysis. To watch the video of this podcast: https://bit.ly/2zmCuJk.
Aug 03, 2020•18 min•Ep. 27
Mike Bassett, Senior Partner, The Bassett Firm in Dallas, TX joins The Litigation Psychology Podcast to discuss a number of topics in trucking litigation including the challenges with preparing truck drivers for testimony, how to manage the relationship with drivers and the on-going problem of nuclear verdicts. In addition, Mike shares his thoughts on what the industry can do to prevent these nuclear verdicts, including going on the offensive and not always play defense, and communicating more w...
Jul 27, 2020•21 min•Ep. 31
Trucking Attorney Mark Perkins of Perkins and Associates joins this video edition of The Litigation Psychology Podcast to discuss jury selection for trucking defense in light of catastrophic events in Louisiana such Hurricanes Katrina and Hurricane Rita, the BP Oil Spill and now COVID-19! To watch the video of this podcast: https://www.courtroomsciences.com/r/vYe
Jul 20, 2020•20 min•Ep. 30
