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 ...
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The Litigation Psychology Podcast - Episode 225 - Talking About Memory with Dr. Elizabeth Loftus - Part 1
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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…
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The Litigation Psychology Podcast - Episode 224 - Managing the Trial Process
54:54
54:54
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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 tria…
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The Litigation Psychology Podcast - Episode 223 - The Future of Legal with Jordan Furlong
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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 purpos…
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The Litigation Psychology Podcast - Episode 222 - Opening Statements Part 2 - What To Do
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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 w…
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The Litigation Psychology Podcast - Episode 221 - Terror Management Theory & Civil Litigation
46:27
46:27
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Michael “Mick” Williams, Ph.D., Founding Member of The Science of P/CVE & Shawn C. Marsh, Ph.D., Director of Judicial Studies and Associate Professor of Communication Studies / Social Psychology at the University of Nevada, Reno join Steve Wood, Ph.D. to discuss the concept of Terror Management Theory and its implications on civil litigation. Mick …
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The Litigation Psychology Podcast - Episode 220 - Opening Statements Part 1 - What Not To Do
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In the first of a two-part episode, Bill Kanasky, Jr., Ph.D. talks about opening statements and what not to do in your opening statement. First, Bill explains the primary reasons why opening statements fail: 1) Attorneys don't get formal training on how to construct an opening statement; 2) Attorneys don't have an understanding of how the juror bra…
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The Litigation Psychology Podcast - Episode 219 - Analyzing Contributors to Inflated Settlements & Verdicts
50:23
50:23
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Attorney Chris Turney of Turney LG joins Bill Kanasky, Jr., Ph.D. to discuss inflated settlements and verdicts. Chris describes what he believes are the factors that are influencing and effecting outsized settlements and verdicts and walks through a 4 quadrant concept to help explain what is happening. Chris defines what he refers to as direct acti…
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The Litigation Psychology Podcast - Episode 218 - Getting to Know Ava Hernandez
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35:48
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Ava Hernandez, M.A. joins Steve Wood, Ph.D to talk about her background and how she got started in the litigation consulting field. Ava shares how she spent the early part of her career working in law firms, including both plaintiff and defense firms, then got interested in psychology, went back to earn her Masters in Clinical Psychology, and then …
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The Litigation Psychology Podcast - Episode 217 - Cross-Examining Expert Witnesses
42:14
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Holly Howanitz, Managing Partner, Tyson & Mendes joins Bill Kanasky, Jr., Ph.D. to talk about cross-examination of expert witnesses. Holly highlights that you need think about your goals when cross-examining expert witnesses especially since experts often have more experience testifying than a fact witness. Bill and Holly talk about strategic decis…
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The Litigation Psychology Podcast - Episode 216 - Insights from a Trial Attorney on Managing Litigation
54:13
54:13
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Kent Doll, Trial Attorney & Owner, KND Law joins Bill Kanasky, Jr., Ph.D. to share his litigation philosophy, Bill and Kent discuss the difference between a trial attorney and a litigator. They discuss trial technology and Kent's approach to jury selection and how important it is to get jurors to open up and share so you can understand their biases…
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The Litigation Psychology Podcast - Episode 215 - Med Mal Litigation Part 9 - Medical Malpractice Trial Prep
39:56
39:56
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Bill Kanasky, Jr., Ph.D. and Steve Wood, Ph.D. conclude our med mal litigation series by talking about trial preparation for medical malpractice cases. Steve and Bill discuss important tips about managing and preparing witnesses for trial testimony, working with witnesses as early as possible before trial, and helping them understand the difference…
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The Litigation Psychology Podcast - Episode 214 - Preparing Witnesses for Testimony at Trial
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11:16
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Steve Wood, Ph.D. talks about preparing witnesses for trial testimony. Steve mentions several key tips including teaching witnesses to take their time when responding both during direct examination and cross-examination. It is important for witnesses to be consistent with how much time they are taking to answer both direct and cross questions so ju…
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The Litigation Psychology Podcast - Episode 213 - Med Mal Litigation Part 8 - Expert Witnesses in Medical Malpractice Cases
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49:05
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Dr. Jordan Romano joins Bill Kanasky, Jr., Ph.D. to discuss expert witness testimony in medical malpractice cases. Dr. Romano has served as an expert witness on numerous medical malpractice cases and talks about how he got started as an expert witness, how he got up to speed on the litigation process, and what he does as a hospitalist. Bill asks Dr…
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The Litigation Psychology Podcast - Episode 212 - Report from the Trenches - Q1 2024
59:27
59:27
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Steve Wood, Ph.D. & Bill Kanasky, Jr., Ph.D. join host Ava Hernandez to talk about what they have been seeing in the cases they have been working on recently. Steve shares that he's been seeing more jurors who are expecting fact witnesses to remember all details from the incident and talks about how to address this issue. The group discuss the pros…
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The Litigation Psychology Podcast - Episode 211 - Med Mal Litigation Part 7 - Litigation Timeline
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54:57
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Medical malpractice defense attorney Michael Denning of Heyl Royster joins Bill Kanasky, Jr., Ph.D. to talk about the timeline of litigation in medical malpractice. First, Michael and Bill touch on the mental stress of being named in a lawsuit and the importance of making sure the physician or named defendant is doing okay and checking in on their …
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The Litigation Psychology Podcast - Episode 210 - Getting to Know Bill Kanasky, Jr., Ph.D.
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Bill Kanasky, Jr., Ph.D. joins host Ava Hernandez to discuss his background and how he got into the litigation consulting industry. Ava and Bill talk about how their backgrounds in clinical psychology allow them to assess and prepare witnesses in a way that attorneys are not trained to. They also discuss the ethical challenges with the tension that…
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The Litigation Psychology Podcast - Episode 209 - Med Mal Litigation Part 6 - Discovery Phase of Medical Malpractice Cases
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Chuck Ingram, Partner with Estes, Ingram, Foels & Gibbs, P.A., joins Bill Kanasky, Jr., Ph.D. to talk about the discovery stage of medical malpractice litigation. Chuck discusses the importance being proactive during the discovery phase in med mal cases and how he approaches discovery differently based on which plaintiff firm has filed the suit. Bi…
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The Litigation Psychology Podcast - Episode 208 - Misperceptions and Best Practices for the Defense
40:42
40:42
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Shane O'Dell, Member, Naman, Howell, Smith, and Lee & Mike Bassett, Trial Attorney, The Bassett Firm, join Steve Wood, Ph.D. to talk about some of the misperceptions of the defense bar. The group discuss what the Reptile Theory is really all about and that the purpose of the Reptile Theory is less about scaring the jury and more about empowering th…
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The Litigation Psychology Podcast - Episode 207 - Med Mal Litigation Part 5 - Mediation in Medical Malpractice
46:04
46:04
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Kristi Harrington, Certified Mediator and Arbitrator with Kristi Harrington Dispute Resolution, joins Bill Kanasky, Jr., Ph.D. to discuss mediation and alternative dispute resolution in medical malpractice cases. Kristi shares her background and the help she offers clients with alternative dispute resolution and mediation. They talk about issues th…
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The Litigation Psychology Podcast - Episode 206 - Managing Finances in a Law Firm
44:30
44:30
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Leah Miller, Fractional CFO, LNM Financial Services LLC joins Bill Kanasky, Jr., Ph.D. to talk about law firm finances. Leah and Bill define key financial terms such as revenue, expenses, profitability, and talk about the complexities that crop up as a firm grows. Leah shares the guidance she gives her clients on how often they should be looking at…
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The Litigation Psychology Podcast - Episode 205 - Med Mal Litigation Part 4 - Preparing Higher Level Nurses
40:49
40:49
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In part 4 of our medical malpractice litigation series, Ava Hernandez joins Bill Kanasky, Jr., Ph.D. to discuss preparing mid to higher-trained nurses for deposition testimony. BSNs, MSNs, Nurse Practioners, Nurse Managers, Charge Nurses, and similar nurses have significant responsibilities and often come into their deposition with a different pers…
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The Litigation Psychology Podcast - Episode 204 - The Anatomy of a Defense Verdict in a High Profile Case
46:39
46:39
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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 wor…
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The Litigation Psychology Podcast - Episode 203 - Med Mal Litigation Part 3 - Medical Malpractice Litigation Consulting
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39:54
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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, precisio…
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The Litigation Psychology Podcast - Episode 202 - Tips on Navigating Your Career as a Young Attorney
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38:42
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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 li…
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The Litigation Psychology Podcast - Episode 201 - Med Mal Litigation Part 2 - Expert Witness Testimony
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20:46
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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 witn…
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The Litigation Psychology Podcast - Episode 200 - Misperceptions About Juror Anger and Nuclear Verdicts
59:57
59:57
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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 ange…
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The Litigation Psychology Podcast - Episode 199 - Med Mal Litigation Part 1 - Nurse Depositions (LPNs)
32:52
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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, f…
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The Litigation Psychology Podcast - Episode 198 - Social Media and the Courtroom
32:22
32:22
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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 came…
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The Litigation Psychology Podcast - Episode 197 - Making an Accident Plan
35:06
35:06
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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 al…
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The Litigation Psychology Podcast - Episode 196 - Listener Mail
53:27
53:27
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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 p…
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The Litigation Psychology Podcast - Episode 195 - Working with Witnesses Suffering from PTSD
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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 …
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The Litigation Psychology Podcast - Episode 194 - Managing the Teaching Moment During Trial Testimony
23:28
23:28
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Bill Kanasky, Jr., Ph.D. talks about how to manage the teaching moment during trial testimony. When your expert witness or defendant is put on the stand with the goal of teaching the jurors something, your witness must meet the jury where they are. It's important to remember the concept of juror cognitive lag, which is that jurors will lag behind i…
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The Litigation Psychology Podcast - Episode 193 - Defense Attorney Strategies for Deposition
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43:43
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Bryan Aghakhani, Partner, Bordin Semmer joins Bill Kanasky, Jr., Ph.D. to talk about the attorney perspective on the deposition. Bryan states that cases are won or lost at deposition and that the preparation before deposition, and being actively engaged at deposition with objections, is key for defense attorneys when defending depositions. Bryan an…
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The Litigation Psychology Podcast - Episode 192 - The Fallacy Behind Humanizing the Corporation for Jurors
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Steve Wood, Ph.D. & Bill Kanasky, Jr., Ph.D. talk about the misperception that humanizing the corporation is valuable and relevant to jurors. Often, defense counsel and the companies they represent want to talk at trial about how their company is made up of individuals just like the jurors, how much the company gives in charity, how many volunteeri…
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The Litigation Psychology Podcast - Episode 191 - The Science Behind How Depositions Start
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Dr. Bill Kanasky, Jr., Ph.D. talks about the science behind how depositions begin. Most opposing counsel start off being friendly and nice and asking very simple, non-threatening questions at the beginning of the deposition to get the witness's guard down. The witness's brain gets comfortable with these easy questions which allows opposing counsel …
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The Litigation Psychology Podcast - Episode 190 - Health & Fitness in the Trucking & Transportation Industry
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39:29
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Dr. Mark Manera, Founder and CEO of Supply Chain Fitness, joins Bill Kanasky, Jr., Ph.D. to talk about fitness in trucking and transportation. Mark is a physical therapist and founded his company after identifying the level of unhealthiness in the trucking industry. Bill and Mark discuss the challenges with helping transportation companies understa…
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The Litigation Psychology Podcast - Episode 189 - Competing Priorities at Deposition Prep
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37:51
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Ava Hernandez joins Steve Wood, Ph.D & Bill Kanasky, Jr., Ph.D. to discuss competing priorities at deposition prep. The client, attorney, and witness are all involved at different levels in the deposition prep though sometimes the goals for each aren't aligned and may be in conflict with one another. The group discusses the witness's perspective an…
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The Litigation Psychology Podcast - Episode 188 - Effective Listening Skills for Witnesses During Testimony
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Bill Kanasky, Jr., Ph.D. talks about the importance of effective listening skills by the witness during testimony. Listening is a skill that must be taught by a neurocognitive expert because the brain is not wired naturally to listen, particularly to the degree required during questioning. Bill dispels the myth that witnesses should engage in activ…
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The Litigation Psychology Podcast - Episode 187 - Operant Conditioning & Witnesses - Part 2
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Steve Wood, Ph.D. & Bill Kanasky, Jr., Ph.D. discuss part 2 of the operant conditioning topic and how opposing counsel uses operant conditioning to derail witnesses during both deposition and trial testimony. Operant conditioning is the creation of an association between a behavior and the outcome and can include positive reinforcement, negative re…
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The Litigation Psychology Podcast - Episode 186 - Building Rapport Early With Your Witnesses
41:06
41:06
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Brenda Smith, Attorney with Dvorak Law Group, joins Bill Kanasky, Jr. Ph.D. to discuss the importance of conducting an early, thorough assessment of witnesses before beginning deposition prep and to make a connection with witnesses before even starting prep. This early assessment allows the litigation team to address any issues in advance of deposi…
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The Litigation Psychology Podcast - Episode 185 - Biggest Mistake by Defense Attorneys in Depositions
26:03
26:03
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Bill Kanasky, Jr., Ph.D. talks about the biggest mistake defense attorneys are making at deposition, which is the erroneous assumption that the beginning of the deposition, when plaintiff's counsel is questioning the witness on background information, is not important. The witness (and the attorney) need to understand that those background question…
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The Litigation Psychology Podcast - Episode 184 - The Power of Mentorship
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Dr. Jonathan Glenn, Director of Diversity and Inclusion at Alma College, joins Steve Wood, Ph.D. to discuss mentorship. Jonathan talks about the power of mentorship and describes both formal and informal mentorship and how they differ. Jonathan shares how great mentors are able to see things within others that they can't see within themselves. Stro…
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The Litigation Psychology Podcast - Episode 183 - The Problem with Witnesses Who Pivot
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6:42
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Bill Kanasky, Jr., Ph.D. shares the issues with a witness he is training for trial testimony and the witness's problem with pivoting, which he did extensively in his deposition. This witness's deposition included responses that went on way too long, responses that came way too quickly, including speaking over the questioner, and most of his respons…
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The Litigation Psychology Podcast - Episode 182 - Deepfakes in Litigation
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Fred I. Lederer, Director of the Center for Legal & Court Technology (CLCT) and Daniel Shin, Cybersecurity Researcher for CLCT join Steve Wood, Ph.D. to discuss the topic of deepfakes in litigation. Fred and Daniel provide the background and history of CLCT and how the center has expanded its focus to new and emerging technologies including machine…
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The Litigation Psychology Podcast - Episode 181 - Listener Mail
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Bill Kanasky, Jr., Ph.D. answers podcast listener mail: - How can my client be better prepared for litigation before the court case is even filed? - Do online jury projects work? - If the witness only has two hours, is that enough for witness preparation and training? - How long does it take to properly train a witness? - When should I talk about d…
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The Litigation Psychology Podcast - Episode 180 - Assessing & Managing Witness Mental Health Issues
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CSI Litigation Consultant Ava Hernandez, M.A. joins Bill Kanasky, Jr., Ph.D. to discuss witness mental health. Often, fact witnesses that are preparing for deposition may be suffering from psychological issues that could impact their performance during prep and especially during the actual deposition. Bill and Ava talk about how witnesses that have…
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The Litigation Psychology Podcast - Episode 179 - Operant Conditioning & Witnesses - Part 1
51:26
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Steve Wood, Ph.D. & Bill Kanasky, Jr., Ph.D. discuss the concept of operant conditioning and how it can be used with witnesses, particularly during deposition prep. Dr. Wood defines operant conditioning as the creation of an association between a behavior and the outcome. There can be both positive reinforcement and negative reinforcement, though i…
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The Litigation Psychology Podcast - Episode 178 - Expert Advice on Negotiation in Litigation
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Bill Mitchell, Founding Partner, Cruser & Mitchell joins Bill Kanasky, Jr., Ph.D. to discuss negotiation in litigation. Bill Mitchell shares his philosophy on managing litigation and comments on the lack of focus on the negotiation phase of litigation vs. the outsized focus on trial, when fewer than 1% of cases go to trial. Bill talks about mistake…
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The Litigation Psychology Podcast - Episode 177 - Artificial Intelligence (AI) in Litigation
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Gene Kissane, Partner at Cole Scott & Kissane, John Nunnally, Attorney at Ragsdale Liggett, and Billy Davis, Partner at Bovis, Kyle, Burch & Medlin join Bill Kanasky, Jr., Ph.D. to talk about the hottest topic in the legal industry today: Artificial Intelligence. The group discuss their initial perspectives on how they think AI is going to impact t…
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The Litigation Psychology Podcast - Episode 176 - Dogmatism and the Dogmatic Juror
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CSI Litigation Consultant Ava Hernandez, M.A. joins Steve Wood, Ph.D. to discuss the concept of dogmatism in jurors. Ava defines what dogmatism is and shares the different perspectives of psychologists about whether dogmatism is a personality trait or is domain specific. Steve and Ava talk about open and closed systems of thinking and how dogmatism…
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