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Critical Communications    |    Records & Depositions    |    Litigation Psychology


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 — 33 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 — 57 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 — 126 views Confirmatory research Exploratory research Jury consulting Litigation psychology Mock trials Research Scientific method Trial consulting


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 — 266 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 — 228 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 — 225 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 — 312 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 — 398 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 — 223 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 — 248 views Exploratory research Focus groups Litigation psychology Mock trials Research Scientific method Trial consulting


Litigation Psychology Podcast #58 - Zoom trials
Shareholder and defense attorney Heather Snider from Segal McCambridge Singer & Mahoney in Chicago joins the podcast and shares her experience with a recent 5-day Zoom bench trial, including what worked, what didn't, how technical issues and objections were handled, and more. Heather and Dr. Bill ...
CSI - Courtroom Sciences Inc
— February 2021 — 379 views Anti-reptile Depositions Litigation psychology Reptile Trial consulting Witness training


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 — 249 views Exploratory research Focus groups Litigation psychology Research Scientific method Trial consulting


Discovery obligations during the pandemic
Having resolved discovery disputes related to the COVID-19 pandemic for almost a year, trial courts have considered myriad creative discovery objections concerning whether and how litigants must present their witnesses for deposition testimony. With increased familiarity and experience resolving w...
Jae Ellis - Courtroom Sciences, Inc.
— February 2021 — 316 views Court reporting COVID-19 Depositions Paralegals


Litigation trends in 2021 - part 2
In part 1 of this topic , we covered litigation trends and developments including an increase in settlements, changing juror perceptions, the fragile state of witnesses, and considerations, risks, and opportunities around essential workers. In the final part of this topic, we dive into nuclear ve...
CSI - Courtroom Sciences Inc
— January 2021 — 499 views Anti-reptile COVID-19 Crisis Enterprise risk management Jury consulting Litigation psychology Nuclear verdicts Reptile Trial consulting Witness training


The Litigation Psychology Podcast #52 - Mental health of witnesses
In this episode of The Litigation Psychology Podcast, Bill Kanasky, Ph.D. and Alyssa Parker, Ph.D. discuss the sensitive but hugely important topic of mental health. Mental health has always been a factor in litigation but since the onset of the Coronavirus pandemic, it has become broader and more...
CSI - Courtroom Sciences Inc
— January 2021 — 450 views Anti-reptile COVID-19 Depositions Health care / med mal Litigation psychology Mental health Reptile Trial consulting Witness training


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 — 567 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


The Litigation Psychology Podcast #49 - Virtual witness training
In this episode of the Litigation Psychology Podcast, CSI Litigation Consultants Dr. Bill Kanasky, Dr. Alyssa Parker, and Dr. Steve Wood discuss None virtual witness training best practices. The team talks about the advantages of conducting witness effectiveness trainings virtually since deposi...
CSI - Courtroom Sciences Inc
— December 2020 — 508 views Anti-reptile COVID-19 Depositions Litigation psychology Reptile Witness training


The Litigation Psychology Podcast #48 - Trucking litigation
Trucking attorney Doug Marcello joins the podcast to discuss trial tactics for trucking litigation cases . Doug shares the process he uses in planning his cases, the importance of persuasion, and how he builds a story for the jury right from opening statement. Doug and Dr. Bill Kanasky also talk ...
CSI - Courtroom Sciences Inc
— December 2020 — 527 views Anti-reptile Jurors Jury consulting Litigation psychology Reptile Trucking & transportation Witness training


Survey: Covid-related attitude changes toward industries
* Introduction * All of us have been significantly impacted by the COVID-19 crisis. Most of us have experienced significant changes in how we socialize, work, and educate our children. Not only are our behaviors affected by the crisis, our way of viewing the world is also affected during this ti...
Lorie Sicafuse, Ph.D. - Litigation Psychology
— December 2020 — 524 views Anti-reptile COVID-19 Jurors Jury consulting Litigation psychology Reptile Research Trucking & transportation


The Litigation Psychology Podcast #47 - Toxic tort cases
Rick Braun, Partner in the Detroit office of Hawkins Parnell and Young, LLP talks with CSI Litigation Consultant Dr. Steve Wood about toxic tort cases, how the media portrays these types of cases and how these portrayals impact defending toxic tort cases. They discuss the influence of pop culture,...
CSI - Courtroom Sciences Inc
— November 2020 — 569 views Focus groups Jurors Jury consulting Litigation psychology Mock trials Planning Reptile Trial consulting Witness training