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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 — 32 views Exploratory research Focus groups Litigation psychology Mock trials Research


Myth #5: All mock trials are the same
In a prior myth , I dispelled the notion that it is too expensive to use a Litigation Consultant. For my next entry in the  Myths of Litigation Science, I turn my attention toward the decision that clients have to make after deciding to engage a Litigation Consultant – price. This can be a  se...
Steve Wood, Ph.D. - Litigation Psychology
— May 2021 — 103 views Confirmatory research Focus groups Litigation psychology Mock trials Research Scientific method Trial consulting


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 — 111 views Confirmatory research Exploratory research Jury consulting Litigation psychology Mock trials Research Scientific method Trial consulting


Litigation Psychology Podcast #65 - Inspired by Kanye
Brent Turman, Partner and Trial Attorney with Bell Nunnally & Martin LLP in Dallas, TX, joins the podcast to talk about how attorneys can draw inspiration from Kanye West in their approach to litigation. Brent uses milestones in Kanye's life and career to illustrate opportunities for litigators in...
CSI - Courtroom Sciences Inc
— April 2021 — 295 views Communications Jurors Litigation psychology Planning Presentations Trial consulting


Litigation Psychology Podcast #64 - IP litigation
Jonathan Barbee, Attorney with MoloLamken LLP, talks with Dr. Steve Wood about IP litigation. Jonathan has broad Intellectual Property litigation experience working primarily on patent cases, but manages the litigation for trade secret and copyright cases as well. Jonathan and Steve discuss the ap...
CSI - Courtroom Sciences Inc
— April 2021 — 178 views IP / patent Jurors Litigation psychology Mock trials 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 — 219 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 — 217 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 — 214 views Exploratory research Focus groups Jurors Litigation psychology Mock trials Presentations Research Scientific method Trial consulting Witness training


Litigation Psychology Podcast #59 - Best practices for large cases
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 ...
CSI - Courtroom Sciences Inc
— March 2021 — 324 views Depositions Jurors Jury consulting Litigation psychology Mock trials Nuclear verdicts 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 — 240 views Exploratory research Focus groups Litigation psychology Mock trials Research Scientific method Trial consulting


Scientific evaluation of juror damage awards post-COVID
Few individuals would argue that COVID-19’s aftermath has left potential jurors in a heightened state of emotion. Our own research at Courtroom Sciences, Inc. has confirmed these assumptions as well.   This becomes problematic when considering that jurors in a heightened state of emotion have les...
Steve Wood, Ph.D. - Litigation Psychology
— February 2021 — 316 views COVID-19 Jurors Jury consulting Litigation psychology Mock trials Research 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 — 240 views Exploratory research Focus groups Litigation psychology Research Scientific method Trial consulting


Litigation Psychology Podcast #57 - Storytelling in litigation
Trial attorney Brent A. Turman from Dallas firm Bell Nunnally & Martin, LLP joins the podcast 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 o...
CSI - Courtroom Sciences Inc
— February 2021 — 355 views Jurors Planning Presentations


The Litigation Psychology Podcast #56 - Trucking & Covid-19
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 ...
CSI - Courtroom Sciences Inc
— February 2021 — 360 views COVID-19 Jurors Litigation psychology Research Trucking & transportation Witness training


How jurors evaluate cases and determine liability - part 2
In None part 1 of this article , we established the process and decision-making approach that jurors utilize in determining witness credibility and liability, including their evaluation of communications. In part 2, we take a deeper dive into the communications aspect. * * * * * The real “tells...
George R. Speckart, Ph.D. - Litigation Psychology
— February 2021 — 341 views Jurors Jury consulting Litigation psychology Mock trials Scientific method Trial consulting Witness training


Litigation Psychology Podcast #55 - Managing witness mental health
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, ...
CSI - Courtroom Sciences Inc
— February 2021 — 374 views COVID-19 Depositions Litigation psychology Mental health Planning Trucking & transportation Witness training


How jurors evaluate cases and determine liability - part 1
At trial during the plaintiff’s case for In re  Burlington Northern Inc., 822 F.2d 518 (5 th Cir. 1987), lead defense counsel was viewing videotaped deposition testimony for the first time from one of the key witnesses, a CEO, and founder of one of the defendant companies.  “I nearly fell out of m...
George R. Speckart, Ph.D. - Litigation Psychology
— January 2021 — 447 views Jurors Jury consulting Litigation psychology Mock trials Scientific method Trial consulting Witness training


Litigation Psychology Podcast #54 - Mental health in litigation
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 witn...
CSI - Courtroom Sciences Inc
— January 2021 — 523 views COVID-19 Depositions Litigation psychology Mental health Planning Trucking & transportation Witness training


Four lethal but preventable mistakes in civil litigation - part 2
In part 1 of this topic , we wrote about how a n increasing number of cases are being resolved based upon their  perceptual  value  at  the  jury  level, rather than their realistic economic worth and how this often results in a defendant corporation having to pay significantly higher settlement ...
Bill Kanasky, Jr., Ph.D.
— January 2021 — 374 views Depositions Jurors Witness training


The Litigation Psychology Podcast #53 - Mental health & trucking litigation
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 histor...
CSI - Courtroom Sciences Inc
— January 2021 — 476 views COVID-19 Depositions Litigation psychology Mental health Planning Trucking & transportation Witness training