The Litigation Psychology Podcast

A podcast on the intersection of science & litigation

Episode 63: Reverse Reptile and Anchoring

Attorney Nick Rauch with Larson King in St. Paul, Minnesota talks with Dr. Bill Kanasky about how he has used reverse reptile in depositions. Nick explains the concepts of anchoring and counter-anchoring a nd shares examples, plus discusses the importance of practicing the skills to defend against reptile, and more.

 



March 29, 2021

Episode 62: Mentoring Attorneys

Speaker and author Frank Ramos, Jr., Partner with Clarke Silverglate, joins the podcast to share his approach to mentoring young, early career attorneys. Frank talks about his recommendations for attorneys to focus on training for both soft and hard skills, his suggestions on marketing and promoting yourself, particularly on social media, and much more.




March 22, 2021

Episode 61: Preparing Witnesses for Deposition

Trial lawyer Brad Hughes joins to talk about 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 commercial cases, the differences between preparing witnesses in trucking cases versus witnesses in commercial litigation, the key to taking breaks during deposition, and much more.



March 15, 2021

Episode 60: Managing Trucking Litigation

Trucking defense attorney Sophia Bernard 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 and necessity of addressing the trauma the driver is experiencing due to the accident, before the deposition, plus several other topics.



March 8, 2021

Episode 59: Best Practices for Large Cases

Trial attorneys Tom Segars & Jamie Weiss from Ellis | Winters talk with Dr. Bill Kanasky about high exposure litigation and their process to approach these cases. Tom and Jamie discuss the benefit of getting started early, the best ways to work with witnesses, the importance of early mock trial research, and more.

 

March 1, 2021

Episode 58: Zoom Trials

   
Defense attorney Heather Snider from Segal McCambridge Singer & Mahoney shares her experience with a 5-day Zoom bench trial, including what worked & what didn't. Heather and Dr. Bill Kanasky also discuss virtual depositions, preparing 30(b)(6) witnesses for depositions, the the increasing aggressiveness of plaintiff attorneys, and much more.



February 22, 2021

Episode 57: Storytelling in Litigation

Trial attorney Brent A. Turman from 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, and shares the work he did on the "Fifty Shades of Grey" fan fiction royalties dispute case.




February 15, 2021

Episode 56: Trucking and Covid-19

In this episode, we look at 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 to understand jurors' views of the trucking industry in light of Covid-19.


February 8, 2021

Episode 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 to ensure that the witness prep will be effective. Mike and Dr. Bill Kanasky also discuss the importance of understanding what is going on in people's lives to identify potential mental stressors they may be dealing with before starting on witness prep for the deposition, plus talk about what defense firms and insurance companies should do differently in 2021 to manage their cases.

 

February 1, 2021

Episode 54: Mental Health in the Legal Field

  Trucking defense attorney Mark Perkins shares his personal experience with mental health and how he handles and addresses it. Mark & Bill Kanasky, Ph.D. talk about the ways the legal industry has, and has not, addressed mental health issues, how the personal struggles of witnesses - particularly in light of the pandemic - affect their mental health, how that can have a direct impact on their deposition testimony, and how important it is to talk to witnesses and alleviate their concerns before deposition, plus much more.

January 25, 2021

Episode 53: Mental Health in Trucking

Trucking attorney Larry Hall discusses the mental health challenges in trucking litigation &  how defense counsel need to manage the mental health stressors of truck drivers who are being deposed. We also talk about the importance of establishing trust with your witness, changes that will be needed in voir dire due to Covid-19, and much more.



January 18, 2021

Episode 52: Mental Health of Witnesses

  In the first of a series of podcasts, we discuss the sensitive but important topic of mental health. We talk about the challenges & stigma of mental health issues,   how they can impact witness testimony & case outcomes, and the importance of fully evaluating the psyche of a witness with a trained mental health professional prior to preparing for deposition.



January 11, 2021

Episode 51: Attorney Demeanor

Trial attorneys Paul Motz & Matt Moffett join CSI's Dr. Steve Wood & Dr. Bill Kanasky to discuss the topic of attorney credibility & attorney demeanor. The group talks about the difference between plaintiff & defense attorney performance, the aggressiveness of plaintiff attorneys compared to defense attorneys, how that aggressiveness impacts all aspects of the litigation process & much more.


 

January 4, 2021

Episode 50: Video Depo Best Practices

  Video has become common for depositions, mediations, & witness trainings during the pandemic. But appearing on video requires a different approach. In this episode, we talk about best practices including video & audio tips, lighting, limiting distractions, & so much more. A practical session to help better manage any virtual meeting.




December 21, 2020

Episode 49: Virtual Witness Training

Many depositions are being done virtually, requiring witness trainings to be virtual too. Our team talks about delivering effective witness training when they can’t be in the same room as the witness & attorneys, what the advantages are for virtual training & depositions over in-person, the outcomes & feedback they have received from attorneys & witnesses for virtual training, and more. 


December 14, 2020

Episode 48: Tactics for Trucking Litigation

Trucking attorney Doug Marcello joins the podcast to discuss trial tactics for trucking cases. Doug shares the process he uses in planning his cases & how he builds a story for the jury. Doug & Dr. Bill Kanasky also talk about the impact of Reptile on trucking litigation & the legal challenges of "safety is our highest priority" in marketing, plus much more.

 

December 7, 2020

Episode 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 on the jury pool & more.


 

November 30, 2020

Episode 46: Forensic Engineering

  Author, forensic engineer, and insurance industry expert Tim Christ joins the podcast to discuss forensic investigations, and how his book on this topic came to be. Tim also talks about how mediations can be used to resolve claims, the importance of training expert witnesses just like fact witnesses, and more.



November 23, 2020

Episode 45: Nuclear Verdicts & The Myth of Social Inflation

We discuss the myth of social inflation, the lack of scientific evidence for it, and why it is being promoted so widely. Also covered is how early jury research and science can be leveraged to find out what will happen in a case and the importance of conducting this research before settlement negotiations begin. 


November 16, 2020

Episode 44: Healthcare Litigation

Attorney Jason Long joins the podcast to discuss several healthcare litigation topics including reptile, working with emotional nurses who may require psychological training before testifying at deposition, the impacts of Covid-19 on witness training and voir dire, plus much more.

 

November 9, 2020

Episode 43: Healthcare Litigation

Today's guest is John E. Hall, Jr., Partner, Hall Booth Smith, who discusses healthcare litigation topics including managing the emotional issues in a case, the importance of preparing young attorneys, the power of anchoring damages, the criticality of early case assessments in healthcare litigation, and more.


 

November 2, 2020

Episode 42: Emotional Witnesses

 Emotions can destroy witness deposition testimony. Emotion kills cognition and sends witnesses into a fight or flight response. See examples of emotional witnesses and how CSI's experts use neurocognitive training to prepare witnesses to stay calm during testimony, leading to better answers and better deposition testimony.



October 26, 2020

Episode 41: Nuclear Verdicts in Transportation  Litigation

In this special episode of The Litigation Psychology Podcast, trucking defense attorney Doug Marcello interviews Dr. Bill Kanasky on nuclear verdicts, including why they occur & how companies can - and should - use research to prevent them from occurring. 


October 19, 2020

Episode 40: Deposition Testimony

In this episode we discuss the goals of deposition testimony, while addressing the issues with "pivoting" and why its such a poor strategy. We also share examples of poor deposition testimony along with examples of great testimony to highlight the differences and how to achieve them.


 

October 12, 2020

Episode 39: Voir Dire in a Post-Covid World

It's a widely held belief that demographics are predictive of juror behavior & decision-making, but they are not. Instead, juror attitudes, beliefs, experiences, and personality traits are what most influence how juror will evaluate a case. In this episode, we explore what is predictive and what changes you should implement in voir dire, particularly in the era of Covid-19.
 

October 5, 2020

Episode 38: The Impact of Political Affiliation on Jurors' Verdicts

In recent years, American politics have been highly polarized. CSI's Litigation Consulting team has conducted research on the extent to which jurors' political affiliation matters and why jurors' political orientation must be considered within a broader context of psychological factors for effective jury selection strategy. 



September 28, 2020

Episode 37: Healthcare Litigation Witnesses

Dale Paleschic, Managing Partner at Luks, Santaniello, Petrillo & Cohen in Tallahassee, FL discusses the challenges of deposition and witness testimony of different types of healthcare professionals, including nursing staff and foreign-born physicians. Plus, he talks about why healthcare professionals, especially nurses, are so susceptible to plaintiff reptile attacks. 


September 21, 2020

Episode 36: Preparing Foreign-Born Physicians

Today's guest 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 discusses the challenges of working as a female attorney and her advice for younger, early career female attorneys. 

September 14, 2020

Episode 35: Medical Malpractice Litigation

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.

August 31, 2020

Episode 34: Reptile Opening Statement

Dr. Bill Kanasky discusses how Reptile attorneys build an opening statement and how a defense attorney needs to be prepared and respond. Dr. Kanasky also provides an explanation of Primacy and Recency Effects, as well as the top miscues by defense attorneys in their opening statements. 


August 24, 2020

Episode 33: Importance of Attorney Credibility

CSI Litigation Psychologists Dr. Lorie Sicafuse and Dr. Steve Wood discuss the topic of attorney credibility. They discuss what jurors see that makes them believe that an attorney is or is not credible, what factors they like and don't like to see from an attorney, and what attorneys can do to be seen as more credible by jurors.   



August 17, 2020

Episode 32: Danielle Hall

Our guest for this video podcast is Danielle Hall, Managing Director for Watchpoint, a private investigations firm. Danielle shares how Watchpoint assists litigators in providing legal support, as well as surveillance, pre- and post-employment background checks, witness statements and other digital intelligence.


August 10, 2020

Episode 31: Nuclear Verdicts and Nuclear Settlements

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 and analysis.

August 3, 2020

Episode 30: Trucking Litigation with Mike Bassett

Mike Bassett, Senior Partner, The Bassett Firm in Dallas, TX joins the podcast to discuss a number of topics in trucking litigation including the challenges with  preparing truck drivers for testimony , how to manage the relationship with drivers, the on-going problem of nuclear verdicts, anchoring, and more.


July 27, 2020

Episode 29: Jury Selection for Trucking Defense

In this video podcast, Trucking Attorney Mark Perkins of Perkins and Associates joins the podcast to discuss jury selection for trucking defense in light of catastrophic events in Louisiana such Hurricanes Katrina and Hurricane Rita, the BP Oil Spill and now COVID-19!

July 20, 2020

Episode 28: Reptile and the Appellate Process

Attorneys Steve Fleischman and Rob Wright of Horvitz & Levy discuss a topic that doesn't get much attention:  Reptile Theory  and its impact during the appellate process. Steve and Rob offer their insights on how reptile affects their work with clients and in court. 


July 13, 2020

Episode 27: NFL Players Association Executive Director De Smith

De Smith discusses his extensive experience as a trial attorney, his challenges as the head of the NFLPA, sports in today's world, and much more.

July 6, 2020

Episode 26: The Amygdala Hijack

Dr. Bill Kanasky gives an overview of what occurs when a witness "loses their mind" during testimony and what can be done to prevent these meltdowns.  The influence of Reptile is also covered.

July 1, 2020

Episode 25: Hot Topics in Trucking Litigation

In this video podcast, Doug Marcello, Trial Attorney, Marcello & Kivisto discusses numerous trucking and transportation litigation topics including the challenges of preparing witnesses for testimony, the growing trend of nuclear verdicts and settlements in the industry, plaintiff bar advertising, and more.

June 26, 2020

Episode 24: Liz Skane on COVID-19 and Jurors

Liz Skane, Partner with Skane Wilcox, discusses the impact of the coronavirus pandemic on juries, plaintiff Reptile attacks and how they affect nuclear verdicts and the exposure corporations are creating for themselves with their COVID-19 messaging .


June 24, 2020

Episode 23: Challenging Witnesses

In this video podcast, Dr. Alyssa Parker shares her experience with preparing truck drivers and healthcare workers - two highly challenging personas - for deposition.

June 22, 2020

Episode 22: Introduction to Reptile Theory

This episode is an introduction to the Reptile Theory and Reptile Attacks. We cover background on how the Reptile Theory began, why its been so successful, and multiple examples. Plus we explain how Reptile attacks can be avoided through advanced neuro-cognitive training.

June 15, 2020

Episode 21: The Value of Research in Litigation

In this video podcast, Matt Moffett, Partner at GRSMB, & CSI Litigation Consultant Dr. Lorie Sicafuse discuss predicting juror perceptions in the COVID-19 era and how litigators will need to adjust, plus the crucial need for science & rigorous research in mediation and trial preparation.

June 12, 2020

Episode 20: Kurt Spengler on Trucking Litigation Challenges & Opportunities

Kurt Spengler, Partner at Wicker Smith, joins the video podcast to discuss the pitfalls of the lack of communication in the trucking defense bar and how that affects the continued presence of reptile attacks and nuclear verdicts .

June 10, 2020

Episode 19: Crisis Communications in Trucking

In this video podcast, crisis and litigation communications expert Sean Murphy discusses the crucial mistakes that companies are making in their communications and how to plan for a crisis.

June 8, 2020

Episode 18: Timmy Yeary on Trucking Litigation

In this video podcast, Transport Producer Timmy Yeary shares his thoughts on COVID-19 safety rule changes, nuclear verdicts, and the proliferation of technology in the transportation industry.

June 5, 2020

Episode 17: Trucking and COVID-19

In this video podcast, CSI Litigation Consultant Dr. Steve Wood discusses his experiences with preparing trucking industry witnesses, the dangers of reptile attacks in trucking cases & insights on how juror perceptions of truck drivers & the trucking industry may shift in light of positive COVID-19 PR.

June 3, 2020

Episode 16: The Art  & Science of Jury Selection

CSI Jury and Litigation Consulting experts Dr. Bill Kanasky and Dr. George Speckart discuss how rules for jury selection are drastically different across not just venues but judges, some myths about jury selection &   the importance of a scientifically-valid supplemental juror questionnaire .

June 1, 2020

Episode 15: Ben Newman on Mediations

In this video podcast, mediator Ben Newman discusses the impact of the pandemic on mediations, conducting mediations virtually and the presence of reptile in the mediation process.

May 29, 2020

Episode 14: Juror Panels in the COVID-19 Era

In this video podcast,  Dr. Bill Kanasky and Dr. George Speckart discuss the potentially far-reaching impacts of the COVID-19 pandemic on jurors, jury attitudes & behaviors and the future for nuclear verdicts.

May 26, 2020

Episode 13: Holly Howanitz, Partner at Wicker Smith

In this video podcast, attorney Holly Howanitz and Dr. Bill Kanasky discuss how Reptile is still thriving, what jury panels might look like in the era of Coronavirus, and the challenges of plaintiff's bar advertising.

May 22, 2020

Episode 12: Steve Fleischman, Partner at Horvitz & Levy

In this video podcast, attorney Steve Fleischman discusses the on-going threats of reptile attacks, how companies are creating exposure for themselves with their COVID-19 communications, and the challenges of juries and trials in the era of COVID-19.

May 20, 2020

Episode 11: The Impact of COVID-19 Crisis on Jurors' Attitudes

CSI Litigation Consultants Dr. Steve Wood and Dr. Lorie Sicafuse discuss what the research says about how jurors' attitudes and decision making might be affected by the COVID-19 pandemic. They also cover juror attitudes towards front-line workers, people of Asian descent and what companies should be doing now in preparation for future litigation.  

May 18, 2020

Episode 10: Special Guest - DRI President Philip Willman

In this video podcast, Philip Willman discusses how DRI is handling their pandemic response, plus talks about nuclear verdicts, the challenges of third-party funding of plaintiff's litigation and the value of preparing witnesses for reptile attacks before depositions.

May 15, 2020

Episode 9: Trucking Litigation

In this video podcast, John Nunnally, Partner at Ragsdale Liggett, joins us to discuss trucking litigation in the era of COVID-19 including juror perceptions, the challenges of preparing truck drivers for depositions and what the jury pool might look like post-COVID-19.


May 13, 2020

Episode 8: Nuclear Verdicts

In this video podcast, trial lawyer and author Bob Tyson, Jr. joins us to discuss his book on nuclear verdicts, challenges for the defense bar with millennial attorneys and how COVID-19 may impact juror decision making.


May 11, 2020

Episode 7: Trucking and Transportation Litigation  

This episode focuses on litigation in the trucking and transportation industry during the time of COVID-19. Dr. Bill Kanasky is joined by 30-year veteran litigation attorney Mike Bassett as they discuss how the trucking industry is being recognized for their contributions during this crisis and how that might influence juror perceptions of the industry. They also discuss preparation to avoid nuclear verdicts, how to combat a reptile attack and more.

May 4, 2020

Episode 6: Myths of Litigation Consulting

We address a number of commonly held beliefs and misconceptions about the practice of litigation psychology and how litigation psychology can benefit the litigation process. This insightful and unique topic covers everything from mock trials to witness training and more.


April 27, 2020

Episode 5: Crisis Communications

We highlight the mistakes and missteps that businesses are making when communicating with customers employees, and their communities about COVID-19. Dr. Bill Kanasky is joined by Sean Murphy, head of the CSI Crisis and Litigation Communications team and they discuss the legal exposure corporations are creating for themselves and how businesses should approach communicating with key stakeholders during a crisis.

April 15, 2020 

Episode 4: Nuclear Verdicts Part IV

Dr. Bill Kanasky is joined by defense attorney and author Bob Tyson, Jr. Mr. Tyson discusses his new book on nuclear verdicts, what the defense bar can learn from the plaintiff's bar, and how to better prepare for reptile attacks to avoid nuclear verdicts.


April 13, 2020 

Episode 3: Nuclear Verdicts Part III

The nuclear verdicts series continues with Dr. Bill Kanasky and Dr. George Speckart discussing the impact of witness testimony on jury decision making. Dr. Speckart and Dr. Kanasky share some great stories from their experience and how witness testimony has a direct impact on jury nuclear verdicts. 

March 30, 2020 

Episode 2: Nuclear Verdicts Part II

We continue our series on the hot topic of nuclear verdicts. Dr. Bill Kanasky and Dr. George Speckart discuss the history of nuclear verdicts, who's to blame, and what companies can do to protect themselves from nuclear verdicts. 


March 16, 2020 

Episode 1: Nuclear Verdicts Part I

This episode is the first in a series of podcasts on the hot topic of nuclear verdicts. Learn what nuclear verdicts are, why they are occurring, and what the defense bar can do about them.

March 2, 2020 

Episode 0: What is The Litigation Psychology Podcast All About?

This episode provides an introduction to the podcast.


March 2, 2020