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Critical Communications    |    Records & Depositions    |    Litigation Psychology


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


Nurse depositions gone bad - part 3
In  part 1 of this topic , we gave an example of a nurse's deposition and how easily it can go badly. In part 2 , we highlight some of the most common aspects of the nursing profession  that create the greatest pitfalls for nurses in the  deposition. In this final part, we cover prevention str...
CSI - Courtroom Sciences Inc
— May 2021 — 100 views Depositions Health care / med mal Litigation psychology Witness training


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 — 108 views Confirmatory research Focus groups Litigation psychology Mock trials Research Scientific method Trial consulting


Litigation Psychology Podcast #68 - Cross examination
With in-person trials beginning to ramp up again after the shutdowns caused by COVID-19, dusting off trial skills becomes important. In this episode of The Litigation Psychology Podcast, Dr. Bill Kanasky speaks to trial attorneys Paul Motz of Segal McCambridge and Georgianne Walker of May Oberfell...
CSI - Courtroom Sciences Inc
— May 2021 — 206 views COVID-19 Litigation psychology Trial consulting Witness training


Nurse depositions gone bad - part 2
In part 1 of this topic , we gave an example of a nurse's deposition and how easily it can go badly. In part 2, we highlight some of the most common aspects of the nursing profession  that create the greatest pitfalls for nurses in the  deposition. * Nurses Must Have Answers –  * *Always* ...
CSI - Courtroom Sciences Inc
— April 2021 — 139 views Depositions Health care / med mal Litigation psychology Witness training


Litigation Psychology Podcast #67 - Virtual depositions
Colleen Burke, James Hunter, and Kari Melkonian, Attorneys with Michigan law firm Collins Einhorn Farrell join Dr. Steve Wood to discuss the topic of virtual depositions. The group shares their experiences thus far with doing online depositions, including how they got started and what they've lear...
CSI - Courtroom Sciences Inc
— April 2021 — 248 views COVID-19 Depositions Witness training


Nurse depositions gone bad - part 1
* Introduction  * Across the country, malpractice litigation creates a painful scenario for the health care industry, causing incalculable financial losses and rendering emotional turmoil to the health care  professionals  who  have  been  positioned  unwittingly  as pawns in the game. These pawn...
CSI - Courtroom Sciences Inc
— April 2021 — 199 views Depositions Health care / med mal Litigation psychology Witness training


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


Training witnesses with technical backgrounds - part 3
In part 1 of this topic , we introduced the subject of GENs (geeks, eggheads, and nerds) and in part 2 we discussed the challenges faced by GENs in testifying. For the conclusion of this topic, we cover important points to keep in mind in training GENs to testify. * Training GENs to Testify * * ...
CSI - Courtroom Sciences Inc
— April 2021 — 177 views Litigation psychology Witness training


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 — 301 views Communications Jurors Litigation psychology Planning Presentations Trial consulting


Training witnesses with technical backgrounds - part 2
In part 1 of this topic , we introduced the subject of GENs (geeks, eggheads, and nerds) and how their social awkwardness and interests outside of popular culture can make working with them a challenge in depositions or in trial where risks should be minimized. We also touched on the changes taki...
CSI - Courtroom Sciences Inc
— April 2021 — 203 views Litigation psychology Witness training


Training witnesses with technical backgrounds - part 1
Here’s a quiz: Can you identify the source for these famous Nerd lines? · “Ray, when somebody asks if you’re a god, you say yes!” · “This is what makes time travel possible: the flux capacitor!” · “The force is strong with this one.” · “Hey Yoooou Guys!” Answers appear at the end of this post. If ...
CSI - Courtroom Sciences Inc
— April 2021 — 236 views Litigation psychology Witness training


Litigation Psychology Podcast #63 - Reptile and anchoring
Attorney Nick Rauch with Larson King in St. Paul, Minnesota joins the podcast and talks with Dr. Bill Kanasky about his recent article in For the Defense on counter anchoring and the reverse reptile and how he has used reverse reptile in depositions. Nick explains the concepts of anchoring and cou...
CSI - Courtroom Sciences Inc
— March 2021 — 260 views Anti-reptile Depositions Litigation psychology Reptile Witness training


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 — 223 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 — 221 views Confirmatory research Exploratory research Focus groups Jury consulting Litigation psychology Mock trials Research Scientific method Trial consulting


Litigation Psychology Podcast #61 - Preparing witnesses
Brad Hughes, trial lawyer with Clark Hill in Los Angeles, joins the podcast to talk about the differences in how he approaches a catastrophic injury case in his transportation litigation work versus a corporate matter. Dr. Bill Kanasky and Brad discuss the increasing presence of Reptile in commer...
CSI - Courtroom Sciences Inc
— March 2021 — 306 views Anti-reptile Depositions Litigation psychology Reptile Trucking & transportation Witness training


Litigation Psychology Podcast #60 - Managing trucking litigation
Trucking defense attorney Sophia Bernard of Lewis Brisbois in Tampa joins the podcast to talk about transportation and trucking litigation and her process on handling catastrophic cases. She discusses the difficulties of dealing with the emotion of the driver and the importance of recognizing and ...
CSI - Courtroom Sciences Inc
— March 2021 — 394 views Litigation psychology Reptile Trucking & transportation Witness training


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 — 220 views Exploratory research Focus groups Jurors Litigation psychology Mock trials Presentations Research Scientific method Trial consulting Witness training


Mental health, witnesses, and litigation
* Introduction * The Covid-19 pandemic has been responsible for a high level of stress, anxiety, fear, and concern for everyone. The pressure on individual’s mental health can’t be overstated. To rapidly monitor recent changes in mental health since the start of the pandemic, the National Center f...
Alyssa Parker Hwang, Ph.D. - Litigation Psychology
— March 2021 — 297 views COVID-19 Depositions Litigation psychology 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 — 327 views Depositions Jurors Jury consulting Litigation psychology Mock trials Nuclear verdicts Trial consulting Witness training