The CSI Blog

Critical Communications    |    Records & Depositions    |    Litigation Psychology


The hidden costs of "traditional" witness preparation - part 2
In part 1 of this topic , we discussed the gaps in “traditional” witness preparation and the hidden messages that jurors look for during witness testimony, including a range of nonverbal behaviors and emotional reactions which create an impression with the jury that may not be consistent with the...
George R. Speckart, Ph.D. & Bill Kanasky, Jr., Ph.D.
— October 2020 — 595 views Depositions Jury consulting Litigation psychology Witness training


The Litigation Psychology Podcast #40 - Deposition Testimony
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 t...
CSI - Courtroom Sciences Inc
— October 2020 — 723 views Depositions Jurors Litigation psychology Witness training


The hidden costs of "traditional" witness preparation - part 1
Introduction ** The scenario of “nervous hoping” that  a witness will perform well at deposition  or trial has become all too familiar in  litigation, with the pervasive sentiment that a certain  degree   of feeling helpless is an inevitable part of  witness testimony. Jokes connected with...
George R. Speckart, Ph.D. & Bill Kanasky, Jr., Ph.D.
— October 2020 — 661 views Depositions Litigation psychology Witness training


Best practices in case research - part II
In the first part of this topic , we provided a primer on juror psychology and introduced the first three factors affecting juror case evaluations. In the final part of this topic, we continue the factors affecting juror case evaluations and discuss the importance of research in evaluating a case...
CSI - Courtroom Sciences Inc
— October 2020 — 713 views Confirmatory research Exploratory research Focus groups Jurors Jury consulting Litigation psychology Mock trials Presentations Research Trial consulting


Addressing the challenges of healthcare litigation
It's no secret that the healthcare industry has a high volume of litigation. So, what can healthcare companies and healthcare insurers do to better prepare to d efend themselves in their litigation? Our multi-part series on the healthcare industry covers a variety of tools and services that health...
CSI - Courtroom Sciences Inc
— September 2020 — 940 views Anti-reptile Confirmatory research Depositions Exploratory research Focus groups Health care / med mal Jury consulting Litigation psychology Mock trials Reptile Research Scientific method Trial consulting Witness training


Best practices in case research - part I
Introduction When managing litigation, every  decision should be made with as deep  an understanding as possible of what  a  future jury would do. But few things are as  complex as trying to predict jury decisions. Valuing a  case requires a deep understanding of the  law,  access to appr...
CSI - Courtroom Sciences Inc
— September 2020 — 725 views Confirmatory research Exploratory research Jurors Jury consulting Litigation psychology Mock trials Planning Research Trial consulting


The Litigation Psychology Podcast - Episode 37
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 fo...
CSI - Courtroom Sciences Inc
— September 2020 — 841 views Anti-reptile Depositions Health care / med mal Litigation psychology Reptile Witness training


The secret weapons of opening statements - part II
In part one of this blog post on the primacy and recency effects of opening statements, we discussed how this concept is often misunderstood by litigators and the philosophy that trial attorneys need to adopt for their opening statements. In the second part, we provide examples of different openi...
Bill Kanasky, Jr., Ph.D.
— September 2020 — 750 views Jurors Jury consulting Litigation psychology Mock trials Planning Presentations Research Trial consulting


The Litigation Psychology Podcast - Episode 36
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 dis...
CSI - Courtroom Sciences Inc
— September 2020 — 1076 views Anti-reptile COVID-19 Depositions Health care / med mal Jury consulting Litigation psychology Reptile Trial consulting Witness training


The secret weapons of opening statements - part I
The primacy and recency effects  are arguably the most misinterpreted psychological constructs in litigation. Most trial attorneys simply understand them as “jurors most remember the first and last things you say to them.” However, it is not that simple. By definition, true primacy and recency eff...
Bill Kanasky, Jr., Ph.D.
— September 2020 — 855 views Jurors Jury consulting Litigation psychology Mock trials Planning Presentations Research Trial consulting


Assessing your litigation risk
At the start of any litigation, there are more questions than answers. Everyone involved wants to know "what's our liability?", "what's this going to cost us?", "how will this impact our reputation?", "what are the potential damages?", "how long will this go on?", "who might need to testify?", and...
CSI - Courtroom Sciences Inc
— September 2020 — 917 views Enterprise risk management Exploratory research Focus groups Litigation psychology Research Scientific method


The Litigation Psychology Podcast - Episode 35
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. ...
CSI - Courtroom Sciences Inc
— August 2020 — 1019 views COVID-19 Depositions Health care / med mal Jurors Jury consulting Litigation psychology Trial consulting Witness training


The Litigation Psychology Podcast  - Episode 33
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 attor...
CSI - Courtroom Sciences Inc
— August 2020 — 1021 views Jurors Jury consulting Litigation psychology Mock trials Research Trial consulting


The Nuclear Verdict blog series
In the first 3 parts of our nuclear verdicts series, we covered an overview of the definition of a nuclear verdict, some historical context, and the five causative factors of nuclear verdicts. In part 4 , we outlined specific examples of how a scientific approach to litigation research has result...
George R. Speckart, Ph.D. & Bill Kanasky, Jr., Ph.D.
— August 2020 — 977 views Anti-reptile Confirmatory research Exploratory research Focus groups Jurors Jury consulting Litigation psychology Mock trials Nuclear verdicts Reptile Research Scientific method Trial consulting Witness training


The Nuclear Verdict blog series
In the first 3 parts of our nuclear verdicts series, we covered an overview of the definition of a nuclear verdict, some historical context, and the five causative factors of nuclear verdicts. In part 4, we outline – with specific examples - how a scientific approach to litigation research has res...
George R. Speckart, Ph.D. & Bill Kanasky, Jr., Ph.D.
— August 2020 — 1053 views Confirmatory research Exploratory research Focus groups Jury consulting Litigation psychology Mock trials Nuclear verdicts Research Scientific method Trial consulting Witness training


The reverse reptile - turning the tables on plaintiff's counsel
Dr. Bill Kanasky was interviewed for the A.M. Best Insurance Law Podcast on the topic of the reverse reptile and how defense attorneys can turn the tables on plaintiff's counsel. Dr. Kanasky describes the evolution of the Reptile Theory and its success in driving nuclear settlements and nuclear v...
CSI - Courtroom Sciences Inc
— August 2020 — 1230 views Anti-reptile Depositions Litigation psychology Nuclear verdicts Reptile Trial consulting Witness training


The Litigation Psychology Podcast - Episode 31
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 a...
CSI - Courtroom Sciences Inc
— August 2020 — 1185 views Anti-reptile Jurors Jury consulting Litigation psychology Nuclear verdicts Reptile Research Scientific method Witness training


The Nuclear Verdict blog series
In part 1 of our nuclear verdicts series, we covered an overview of the definition of a nuclear verdict, some historical context, and the first of the five causative factors of nuclear verdicts. In part 2, we continue with the next two causative factors: egregious conduct and punitive (stealth) j...
George R. Speckart, Ph.D. & Bill Kanasky, Jr., Ph.D.
— July 2020 — 1084 views Jurors Jury consulting Litigation psychology Nuclear verdicts Reptile Research Scientific method Trial consulting Witness training


The Litigation Psychology Podcast - Episode 25
This video episode of The Litigation Psychology Podcast features an interview with Doug Marcello, Trial Attorney, Marcello & Kivisto. Doug and Dr. Bill Kanasky discuss numerous topics around trucking and transportation litigation including the challenges of preparing witnesses for testimony , par...
CSI - Courtroom Sciences Inc
— June 2020 — 1546 views Anti-reptile COVID-19 Depositions Litigation psychology Reptile Trial consulting Trucking & transportation Witness training


The Litigation Psychology Podcast - Episode 23
This video edition of The Litigation Psychology Podcast features CSI Litigation Consultant Dr. Alyssa Parker discussing her experiences with preparing witnesses for deposition in trucking litigation. Dr. Parker also talks about the process of preparing healthcare workers for deposition, as both of...
CSI - Courtroom Sciences Inc
— June 2020 — 1511 views Anti-reptile Depositions Litigation psychology Reptile Trial consulting Trucking & transportation Witness training