Baxter Drennon, Partner with Hall Booth Smith in Little Rock, Arkansas, joins the podcast to talk about the different ways the defense can define a win. The definition of a win may not be simply a defense verdict or a zero dollar verdict. The definition of a win needs to be based on the goals of the client and the legal team needs to understand what the client's expectations are. Steve and Baxter talk about a few different ways of defining a "win" including: plaintiff filing a motion for volunta...
May 09, 2022•28 min•Ep. 121
Defense attorney Billy Davis, Partner with Bovis, Kyle, Burch & Medlin in Atlanta, joins the podcast to talk about his experience participating in a recent Courtroom Sciences Corporate Representative Witness Evaluation and Training with his client and provides his perspectives on the difference between standard witness prep and Courtroom Sciences' witness training program. Billy shares his thoughts on how the Corporate Rep witness training allowed his client to evaluate multiple Corporate Re...
May 02, 2022•33 min•Ep. 120
Dr. Bill Kanasky, Jr. covers two critical witness testimony topics: the dangers of long answers and the risks of pivoting. Long answers, which often include commas, are dangerous at deposition and at trial. At deposition, long answers from witnesses lead to the sharing of more information with opposing counsel, which leads to even more questions, and cognitive fatigue of the witness. At trial, the jury can't follow long answers and they get bored. Witnesses who pivot during testimony open the do...
Apr 25, 2022•34 min•Ep. 119
Dr. Steve Wood discusses the impact and influence that constant and consistent messaging has on us individually, and on prospective jurors. Steve explains the concept of the Mere Exposure Effect and how the more we are presented with specific topics or ideas, the more we develop thoughts, beliefs, and attitudes about those topics. He also discusses the concept of Social Proof and how our brain processes something ambiguous by following the patterns of other people's behaviors or opinions. Lastly...
Apr 18, 2022•14 min•Ep. 118
Dr. Bill Kanasky, Jr. lays out what the game plan should be for witnesses before and during testimony. Bill talks about what attorneys need to be doing with witnesses the 24 hours before testimony, the four key things witnesses need to be coached and trained on as part of their preparation, and what witnesses should do during breaks in testimony. Watch the video of this episode: https://www.courtroomsciences.com/r/WIn
Apr 11, 2022•21 min•Ep. 117
James Feeney, Member, Dykama joins Dr. Steve Wood to discuss a recent defense verdict in a traumatic brain injury case. The plaintiff was injured in an vehicular accident and sued the automobile manufacturer for product liability. Jim provides details on how the defense for the case was constructed, what research was done with mock jurors, and the value of testing different combinations of evidence, themes, messaging, etc. in mock trials to help guide trial strategy. Jim also shares his philosop...
Apr 04, 2022•33 min•Ep. 116
Dr. Bill Kanasky, Jr. covers five common mistakes being made when conducting focus groups, the consequences of these mistakes, and what adjustments should be made: 1) too much information on slides (less is more); 2) too many mock jurors (recruit a more reasonable number of 12-15); 3) too long of a day (juror fatigue is real; keep the days a reasonable length); 4) long presentations (juror attention span is short, keep presentations short); 5) the approach to testing damages (just want to get a ...
Mar 28, 2022•20 min•Ep. 115
Trial is a battle of perception and jurors pay very close attention to the behavior of the litigants, particularly the defendant. Behavioral consistency is highly correlated with honesty and truthfulness. In this episode of The Litigation Psychology Podcast, Dr. Bill Kanasky, Jr. describes the 4 golden traits of an effective defendant including, 1) Professionalism; 2) Confidence/comfort; 3) Maintaining emotional poise; and 4) Engaged and attentive in the process. Why are these qualities so impor...
Mar 21, 2022•24 min•Ep. 114
In this episode Dr. Steve Wood and Dr. Bill Kanasky, Jr. discuss the importance of alternative causation, plus answer podcast viewer and listener questions. Steve and Bill talk about how jury research demonstrates that jurors don't care that the plaintiff has the burden of proof on causation and that human information processing requires them to identify cause. Because of this, defense attorneys must help jurors by providing alternative causation considerations in order for jurors to move to con...
Mar 14, 2022•34 min•Ep. 113
One of the most emotional, challenging, and difficult cases are birth injury cases. Dr. Steve Wood and Dr. Bill Kanasky, Jr. discuss some of the common themes they have seen during focus groups and mock trials for birth injury cases. Specifically, they share insights from jurors on these topics: - jurors' perceptions and lack of understanding of the employment status of physicians as independent contractors vs. being employees of the hospital; - jurors' awareness of the comparative time nurses s...
Mar 07, 2022•31 min•Ep. 112
Dr. Bill Kanasky, Jr. shares a case study from a recent trial to highlight the elements of successful trial testimony. Four keys of successful trial testimony are to: 1) Control the pace of the questioning, 2) Avoid pivoting, 3) Deliver short, concise answers, and 4) Respond appropriately to emotional attacks by plaintiff's counsel. Bill also discusses tips on managing cases where you have a co-defendant and the challenges and opportunities with finger-pointing. Bill has been working on a number...
Feb 28, 2022•25 min•Ep. 111
Dr. Alyssa Parker, Litigation Consultant and an experienced Clinical Psychologist, joins Dr. Bill Kanasky, Jr. to talk about working with witnesses who are dealing with trauma associated with a catastrophic accident or fatality. Alyssa and Bill discuss mistakes that the defense side often make with these emotional and traumatized witnesses, including ignoring or downplaying the suppression or avoidance of the memories of the traumatic event. They also talk about the necessity for these traumatiz...
Feb 21, 2022•33 min•Ep. 110
Baxter Drennon, Attorney with Hall Booth Smith in Little Rock, Arkansas joins the podcast to talk with Dr. Steve Wood about a range of topics around attorney credibility and improving as a trial lawyer. Baxter and Steve discuss the definition of a win, the necessity of gaining direct experience in trying cases, the philosophies about whether to go to trial or settle a case, and what types of training would be useful for defense attorneys to keep pace with the plaintiff's bar as they invest in th...
Feb 14, 2022•25 min•Ep. 109
Heather Bohnke, Partner with Gust Rosenfeld PLC in Arizona, joins the podcast to talk with Dr. Bill Kanasky, Jr. about the recently enacted ruling of the Arizona Supreme Court which has done away with peremptory strikes as January 1, 2022. Arizona has become the first state in the nation to eliminate peremptory challenges. Heather talks about the background behind why the Arizona Supreme Court made this ruling and what the impacts are, for both plaintiff and defense attorneys, in navigating the ...
Feb 07, 2022•30 min•Ep. 108
Wellness Specialist Jennifer Donovan of Wellness 4 Judiciary joins the podcast to talk to Dr. Steve Wood about mental and physical wellbeing and what attorneys can do to relieve stress and anxiety and achieve clarity and tranquility. In part 1, Jennifer shared exercises to help witnesses and in this part she demonstrates several exercises for posture, breathing, and mental focus and intentional thought, which help with calmness and concentration. Jennifer also shares additional exercises and pra...
Jan 31, 2022•27 min•Ep. 107
Wellness Specialist Jennifer Donovan of Wellness 4 Judiciary joins the podcast to talk to Dr. Steve Wood about mental wellbeing, mindfulness, and what witnesses can do to reduce stress levels, particularly when testifying. Jennifer demonstrates several helpful exercises to help relieve stress and create calmness, clarity, and focus. The exercises, which can be done either seated or standing, include attention to posture, breathing, shoulders, head & neck, and the jaw, plus intentional though...
Jan 24, 2022•39 min•Ep. 106
Dr. Bill Kanasky, Jr. answers more frequently asked questions from viewers and listeners of the podcast. Questions asked and answered in this episode: - How to handle a defensive witness who is also young and inexperienced? - What type of assessment(s) should be done of witnesses before they are prepped for deposition? - What is a shadow jury? - How is commercial litigation different than personal injury or catastrophic injury or death cases? - Is it okay to Reptile my co-defendant who is advers...
Jan 17, 2022•37 min•Ep. 105
Dr. Steve Wood and Dr. Bill Kanasky, Jr. talk about witness training for CEOs and some of the challenges with training C-level executives for deposition and trial testimony. Steve and Bill discuss how they work with these types of witnesses and some of the steps that these executives must be open to in order to maximize the benefits of the training and perform well during testimony. They describe the social psychology concept of state dependent learning plus how an executive's potential negative...
Jan 10, 2022•25 min•Ep. 104
Dr. Steve Wood delivers a preview of topics that will be addressed on The Litigation Psychology Podcast during 2022. A few of the hot topics that Steve and Dr. Bill Kanasky, Jr. will be discussing during the year: - the importance and necessity of communication and sharing of information amongst the defense bar; - celebrating defense bar victories, including insights on what's working for the defense, and what's leading to those wins and successful outcomes; - witness behavior, including recent ...
Jan 03, 2022•10 min•Ep. 103
The 100th episode of The Litigation Psychology Podcast features trial attorneys Paul Motz from Segal McCambridge Singer & Mahoney and Brad Hughes from Clark Hill. Bill Kanasky, Jr., Ph.D. and Steve Wood, Ph.D. talk to Paul and Brad about the challenges of connecting with jurors during trials where masks are required and ideas on what to do. The group discuss their thoughts on counter-anchoring damages, why the insurance adjuster playbook doesn't work, and steps that need to be taken to diffu...
Dec 13, 2021•1 hr 3 min•Ep. 102
Steve Wood, Ph.D. and Bill Kanasky, Jr., Ph.D. discuss trial testimony, preparing witnesses for trial, and the steps necessary for the best results at trial. They talk about the process that should be followed and where witnesses and even attorneys fall short, leading to bad outcomes at trial. Plaintiffs are continuing to increase demands and are wanting to go to trial as they see that as an advantage for them, especially against ill-prepared and under-prepared defense counsel. And the only way ...
Dec 06, 2021•36 min•Ep. 101
Chris Patton, Partner at Lynn Pinker Hurst & Schwegmann and John Adams, Trial Lawyer at Gibson Dunn, join Dr. Bill Kanasky, Jr. to talk about commercial litigation and the article they co-authored titled Give the Jury What It Wants: Decision-Making in Trial Practice. Chris, John, and Bill discuss the importance of storytelling in trial and why and how to get the jury's attention early to frame the trial narrative. The group also talk about the availability bias and how jurors interpret and c...
Nov 29, 2021•40 min•Ep. 100
Dr. Steve Wood and Dr. Bill Kanasky, Jr. share the latest updates on the Reptile training program. Recently, the program has gone through an evolution and some rebranding. There appears to be a phasing out of the "Reptile" term but the program is alive and well and there are now even more options for the plaintiff's bar to receive training on these variations of the Reptile Theory. Steve and Bill talk about the concept of cognitive schema and cognitive dissonance, which are keys to the success o...
Nov 22, 2021•55 min•Ep. 99
Dr. Steve Wood and Dr. Bill Kanasky, Jr. talk about the problems with juror instructions. So many times, jurors don't understand them, don't pay attention to them, don't read them, are too long, etc. The biggest issues that jurors struggle with understanding are causation, burden of proof, negligence, past economic and non-economic damages, future economic and non-economic damages, and allocation of fault. To help jurors understand causation they must be educated and indoctrinated about causatio...
Nov 15, 2021•39 min•Ep. 98
This week's guest is Charles Price who manages litigation for Eaton Corporation and is a professor at the University of Akron where he teaches a law school course called Winning Before Trial. Charlie and Dr. Bill Kanasky, Jr. talk about differences between law schools and the background behind the Winning Before Trial course, which focuses on understanding psychology, economics, statistics, accounting, neuroscience in the application of law. They also discuss the changes that have taken place ov...
Nov 08, 2021•33 min•Ep. 97
In this episode, Dr. Bill Kanasky, Jr. reviews the critical steps that need to be taken when preparing for trial. Bill shares a trial preparation to-do list which includes: - Making a schedule and plan - Setting up witness preparation sessions, either for the first time or refresher sessions if the trial was delayed due to Covid. Witness training (not just telling) must focus on the keys to delivering strong testimony and training on the 3 biggest mistakes made by defense witnesses during rehabi...
Nov 01, 2021•33 min•Ep. 96
In this episode, Dr. Steve Wood and Dr. Bill Kanasky, Jr. talk about the relationship between sports psychology and litigation. They discuss the concept of forcing cognition, which is a gap of time that a witness is trained to take during questioning in order to maximize cognition prior to any response. Bill and Steve share examples from sports and explain how forcing cognition addresses the biggest mistake that witnesses make, which is the speed at which they answer questions. Steve and Bill al...
Oct 25, 2021•39 min•Ep. 95
Dr. Bill Kanasky, Jr. describes pre-litigation preparation and talks about the importance of investing in these tools before clients are involved in litigation. Bill shares how more and more clients are proactively evaluating, assessing, and training potential corporate representatives and expert witnesses in advance of litigation. The 30(b)(6) witness is a really important role and making sure the best representatives are selected is critical. Potential corporate representative and PMK candidat...
Oct 18, 2021•26 min•Ep. 94
Dr. Steve Wood and Dr. Bill Kanasky, Jr. team up to talk about the increased incidents of aggressiveness and violence that we are witnessing on airplanes, at airports, sporting events, and more. Steve and Bill talk about what these fights and bad behavior mean for the jury pool since the people involved in these fights are jury eligible. They discuss the psychology behind this behavior and what they are seeing in mock trials in the behavior and decision making of mock jurors since the start of C...
Oct 11, 2021•37 min•Ep. 93
Brian Thompson, Founder of Law & Motion, joins the podcast to talk about physical fitness for attorneys and others in the legal profession. Brian is a practicing attorney who made a lifestyle change at the start of his legal career to put more of a focus on his physical fitness. He talks with Dr. Bill Kanasky, Jr. about the stresses of the attorney profession and how those demands make it easy to put off being healthy and physically fit and what some tips are to overcoming these obstacles. B...
Oct 04, 2021•37 min•Ep. 92
