The CSI Blog

Critical Communications    |    Records & Depositions    |    Litigation Psychology


What is the difference between a focus group & mock trial?
When exploring research options, clients often ask about the difference between a Focus Group and a Mock Trial. These terms are often used interchangeably but there are, in fact, important and relevant differences. The distinction between a Focus Group versus a Mock Trial may be thought of primari...
George R. Speckart, Ph.D. - Litigation Psychology
— July 2021 — 74 views Confirmatory research Exploratory research Focus groups Jurors Litigation psychology Mock trials Trial consulting


Litigation Psychology Podcast #79 - Settlement negotiations
Kellie Howard-Goudy, Attorney with Collins Einhorn Farrell, joins the podcast to talk about strategies for settlement negotiations. Since over 95% of cases settle, honing the skills and process to manage settlement negotiations is a critical skill for litigators. Kellie shares her strategy for set...
CSI - Courtroom Sciences Inc
— July 2021 — 115 views COVID-19 Focus groups Settlements


Litigation Psychology Podcast #73 - Cognitive fatigue
In this episode of The Litigation Psychology Podcast, Dr. Bill Kanasky talks about preventing nuclear settlements at deposition by doing a better job of managing the cognitive fatigue of witnesses during deposition testimony. Scientific evidence makes clear that witnesses begin to fatigue mentally...
CSI - Courtroom Sciences Inc
— June 2021 — 204 views Anti-reptile Depositions Litigation psychology Nuclear verdicts Reptile Settlements Witness training


Save money with early jury research
Everyone in the litigation management business is concerned about the rising costs of litigation. Just managing the litigation process is a seriously daunting process. In many cases, trying to keep the budget on track can become a major endeavor involving excess costs brought on by improper and im...
CSI - Courtroom Sciences Inc
— May 2021 — 272 views Exploratory research Focus groups Insurance defense Litigation psychology Planning Research Scientific method Trial consulting


Determining the ideal counter-damage number - part 2
In part 1 of this topic , we introduced the challenge that the defense faces in addressing the topic of damages and counter-damages. In part 2 we explore how to test and validate the impact of counter-damages. *   * * Methods Matter: Ensuring the Validity of Online Tests of Counter-Damages * To a...
Melissa Loberg, Ph.D. & George R. Speckart, Ph.D.
— May 2021 — 266 views Exploratory research Jury consulting Litigation psychology Research Trial consulting


Determining the ideal counter-damage number - part 1
When the average juror walks into a courtroom, the juror’s concept of the value of a case is based on the extreme verdicts described in the media, the cherry-picked largest verdicts touted by plaintiff attorneys in their advertisements, and the often hefty amount of money requested by the plaintif...
Melissa Loberg, Ph.D. & George R. Speckart, Ph.D.
— May 2021 — 388 views Exploratory research Jury consulting Litigation psychology Research Trial consulting


Do virtual mock trials produce valid results?
We have spent over 35 years investigating and making adjustments to the research methodology used in conventional (“live”) mock trials with the objectives of evaluating and maximizing their ability to predict actual trial outcomes (Speckart, 2008, 2010). The fundamental principles underlying these...
George R. Speckart, Ph.D. - Litigation Psychology
— May 2021 — 299 views Exploratory research Focus groups Litigation psychology Mock trials Research


A closer look at real-time feedback devices
Every so often, a client will ask us about usage of hand-held feedback devices, often called Perception Analyzers or “moment-to-moment” data collection systems, for utilization in jury research projects. Being trained researchers at heart, we have conducted extensive research on these devices and ...
George R. Speckart, Ph.D. - Litigation Psychology
— April 2021 — 261 views Confirmatory research Exploratory research Jury consulting Litigation psychology Mock trials Research Scientific method Trial consulting


Is fear of science costing your firm? - part 2
In the first part of this topic , we introduced the role of science and prediction in litigation and an overview of the jury research industry. In part two, we examine the importance of predictive validity and how it is achieved to provide actionable insight. * * *   * * Establishing Qualificati...
George R. Speckart, Ph.D. - Litigation Psychology
— March 2021 — 353 views Confirmatory research Exploratory research Focus groups Jury consulting Litigation psychology Mock trials Research Scientific method Trial consulting


Is fear of science costing your firm? - part 1
After spending thirty years working with trial teams, the same types of questions seem to continually surface: “How much will a jury award?”  “Will this theme be persuasive?”  “What kinds of jurors will be most receptive to my case?”  Scrutiny of the underlying factual issues underlying these ques...
George R. Speckart, Ph.D. - Litigation Psychology
— March 2021 — 340 views Confirmatory research Exploratory research Focus groups Jury consulting Litigation psychology Mock trials Research Scientific method Trial consulting


Alternative exploratory research designs in litigation - part 3
In part 1 of this topic , we introduced the concept of alternative formats for Exploratory Research and detailed the specifics of a traditional Focus Group. In part 2 , we described two alternate Focus Group designs: Graphics Research and Juror Profile Research. In this final section, we explain...
George R. Speckart, Ph.D. - Litigation Psychology
— March 2021 — 338 views Exploratory research Focus groups Jurors Litigation psychology Mock trials Presentations Research Scientific method Trial consulting Witness training


Alternative exploratory research designs in litigation - part 2
In part 1 of this topic , we introduced the concept of alternative formats for Exploratory Research or “different types of Focus Groups” and detailed the specifics of a traditional Focus Group. In part 2, we describe two alternate Focus Group designs: Graphics Research and Juror Profile Research....
George R. Speckart, Ph.D. - Litigation Psychology
— February 2021 — 347 views Exploratory research Focus groups Litigation psychology Mock trials Research Scientific method Trial consulting


Alternative exploratory research designs in litigation - part 1
Pre-trial or “jury research” is sometimes bifurcated into two categories , the first being Exploratory Research – projects designed to initially “see what’s out there,” investigate the substantive terrain of a case, and find out “what sticks” thematically in terms of case arguments, issues, and e...
George R. Speckart, Ph.D. - Litigation Psychology
— February 2021 — 343 views Exploratory research Focus groups Litigation psychology Research Scientific method Trial consulting


The Litigation Psychology Podcast #51 - Attorney demeanor
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...
CSI - Courtroom Sciences Inc
— January 2021 — 734 views Anti-reptile Confirmatory research Depositions Exploratory research Focus groups Insurance defense Jurors Jury consulting Litigation psychology Mock trials Nuclear verdicts Reptile Research Trial consulting Witness training


Best practices in case research - part 2 of 2
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 — 849 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 — 1111 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 1 of 2
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 — 859 views Confirmatory research Exploratory research Jurors Jury consulting Litigation psychology Mock trials Planning 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 — 1046 views Enterprise risk management Exploratory research Focus groups Litigation psychology Research Scientific method


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 — 1129 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 — 1192 views Confirmatory research Exploratory research Focus groups Jury consulting Litigation psychology Mock trials Nuclear verdicts Research Scientific method Trial consulting Witness training