The Litigation Psychology Podcast presented by Courtroom Sciences, Inc. (CSI) is a podcast for in-house and outside defense counsel and insurance claims personnel about the intersection of science and litigation. We explore topics of interest to the defense bar, with a particular emphasis on subjects that don‘t get enough attention. Our hosts are experts in Clinical Psychology, Social Psychology, and scientifically-based jury research with a wealth of knowledge about psychology, science, jur ...
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The Litigation Psychology Podcast - Episode 276 - Securing a Defense Verdict Using Disruptive Voir Dire
39:27
39:27
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39:27In this episode, Bill Kanasky, Jr., Ph.D. is joined by attorneys Johan Flynn and Kevin Greene to discuss their recent nine-week asbestos trial in California that resulted in a major defense verdict. Johan and Kevin describe how they incorporated CSI’s disruptive voir dire techniques into their jury selection strategy, using them to identify unfavor…
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The Litigation Psychology Podcast - Episode 275 - Challenges and Opportunities in Trucking Litigation Today
35:32
35:32
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35:32Trucking defense attorney Doug Marcello joins Bill Kanasky, Jr., Ph.D. to discuss the latest in trucking litigation. Doug provides a “state of the union” update on where the industry has been, where it is now, and where it needs to go. They address recent tort reform efforts in states like Georgia, Louisiana, and South Carolina, and the importance …
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The Litigation Psychology Podcast - Episode 274 - Strategies to Identify Beliefs and Attitudes in Voir Dire
26:43
26:43
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26:43Bill Kanasky, Jr., Ph.D. talks about the role of juror beliefs and attitudes in voir dire and why they must be treated as distinct concepts. Beliefs are what jurors think (cognitive), while attitudes are how they feel (emotional). Bill emphasizes that while many attorneys stop at/after belief-based questions, it’s the follow-up attitude questions t…
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The Litigation Psychology Podcast - Episode 273 - Breaking Down the Steps to Another Defense Verdict
52:04
52:04
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52:04Steve Wood, Ph.D. is joined by trial attorney Jeremiah Byrne of Frost Brown Todd LLC to break down a recent case that resulted in a defense verdict. Jeremiah begins with an overview of the facts, explaining the allegations against the defendant and the damages sought by the plaintiff. He describes the mediation process, the plaintiff’s settlement d…
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The Litigation Psychology Podcast - Episode 272 - Listener Mail
53:43
53:43
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53:43Steve Wood, Ph.D. joins Bill Kanasky, Jr., Ph.D. to answer recent podcast viewer and listener mail. • In voir dire, should defense counsel ask jurors about their AI use and habits? • The judge has only given both sides, three to five questions, max, in jury selection. What do I do? • How can you manage judge conducted voir dire? • How do I counter-…
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The Litigation Psychology Podcast - Episode 271 - Facial Expressions & Body Language During Video Depositions
30:01
30:01
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30:01Bill Kanasky, Jr., Ph.D. dives into an often overlooked but critical aspect of witness testimony: behavior. He explains that body language and facial expression are the first things jurors process when evaluating a witness on video, and they play a major role in shaping perceptions of credibility, likability, and trustworthiness. Bill urges attorne…
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The Litigation Psychology Podcast - Episode 270 - Plaintiff Attorney Social Media Promotion
27:58
27:58
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27:58In this episode of The Litigation Psychology Podcast, Bill Kanasky, Jr., Ph.D. dives into the rapidly evolving world of plaintiff attorney advertising and specifically how it's exploded on social media. While traditional ads like billboards and cheesy daytime TV spots are still around, many plaintiff firms are now taking a totally different approac…
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The Litigation Psychology Podcast - Episode 269 - Analyzing the Path to a Recent Defense Verdict
40:52
40:52
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40:52Trial attorney Shane O’Dell from Naman Howell joins Bill Kanasky, Jr., Ph.D. to break down a recent case that resulted in a complete defense verdict. The case involved a homeowner being sued after a contractor’s assistant, hired informally from a parking lot, fell through an attic floor while replacing water heaters, sustaining serious injuries. Sh…
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The Litigation Psychology Podcast - Episode 268 - Managing Cortisol, the Stress Hormone, During Deposition
54:43
54:43
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54:43Bill Kanasky, Jr., Ph.D. explains how cortisol, the brain’s primary stress hormone, can significantly impair witness performance during testimony. He describes how elevated cortisol levels, produced during perceived threats, impair cognitive functions such as memory, decision-making, and emotional regulation. Bill introduces the stress-performance …
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The Litigation Psychology Podcast - Episode 267 - Managing Witness Anxiety in Deposition Prep
53:29
53:29
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53:29CSI Litigation Consultant Linda Khzam joins Steve Wood, Ph.D. to discuss managing emotional and anxious witnesses during deposition prep. Drawing on her background in cognitive neuroscience and working with crime victims, Linda explains that many witnesses enter the litigation process with no understanding of what to expect, likening it to being dr…
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The Litigation Psychology Podcast - Episode 266 - Why Witness Brains Require Neurocognitive Remapping
1:05:26
1:05:26
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1:05:26Bill Kanasky, Jr., Ph.D. delivers a detailed lecture on the concept of neurocognitive remapping and why the human brain is not neurologically equipped for the pressures of litigation. He explains that 95% of witness errors are psychological, not legal or strategic, and that traditional attorney-led preparation often fails because it overlooks criti…
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The Litigation Psychology Podcast - Episode 265 - Recent Trends in Civil Litigation
43:13
43:13
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43:13Georgianne Walker, Trial Attorney & Partner at May Oberfell Lorber, LLP, joins Bill Kanasky, Jr., Ph.D. to discuss changes she has seen in litigation over the past couple of years. Georgianne talks about how her firm manages the volume of trial work with the logjam of trials taking place. Bill and Georgianne discuss the challenge of hiring, trainin…
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The Litigation Psychology Podcast - Episode 264 - Listener Mail
52:19
52:19
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52:19Bill Kanasky, Jr., Ph.D. joins Steve Wood, Ph.D. to answer some recent podcast viewer/listener mail: - How can my client get their side of their story across at deposition if you tell witnesses to not offer explanations when answering deposition questions? - How often should my witness be taking a break during a deposition? - How can I prevent my w…
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The Litigation Psychology Podcast - Episode 263 - Helping Witnesses When Opposing Counsel Asks Bad Questions
25:40
25:40
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25:40Steve Wood, Ph.D. joins host Bill Kanasky, Jr., Ph.D. to talk about how to help witnesses navigate deposition situations where they may be thrown off by plaintiff’s counsel disorganized approach or confusing questions, whether intentionally confusing or not. Bill and Steve describe what witnesses should do and be encouraged by defense counsel to do…
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The Litigation Psychology Podcast - Episode 262 - Taking a Deep Dive into a Recent Defense Victory
52:24
52:24
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52:24Larry Hall, Partner at Chartwell Law, joins Bill Kanasky, Jr., Ph.D. and Steve Wood, Ph.D. to break down the process and positive outcome of a recent trial. Larry shares an overview of the case, how mediation went, and what the demands were from the plaintiff attorney. The group discusses the jury research that was conducted for this case, how the …
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The Litigation Psychology Podcast - Episode 261 - Voir Dire Rewired: A Neurocognitive Approach - Part 4
34:14
34:14
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34:14Bill Kanasky, Jr., Ph.D. concludes our 4-part series on a sophisticated approach to voir dire. Bill discusses juror sympathy and commitment to following the law. Bill talks about a concept called sympathy override and gives examples of how to get jurors to open up about the concept of sympathy and whether they can maintain discipline when it comes …
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The Litigation Psychology Podcast - Episode 260 - Voir Dire Rewired: A Neurocognitive Approach - Part 3
28:48
28:48
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28:48Bill Kanasky, Jr., Ph.D. continues with part 3 of our 4-part series on a sophisticated approach to voir dire. In this part, Bill talks about cognitive dissonance and personal responsibility. Cognitive dissonance is defined as mental discomfort. You have to give jurors examples of when you have experienced mental discomfort so they can relate and wi…
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The Litigation Psychology Podcast - Episode 259 - Voir Dire Rewired: A Neurocognitive Approach - Part 2
35:26
35:26
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35:26Bill Kanasky, Jr., Ph.D.'s second part of our 4-part series on a sophisticated approach to voir dire. Bill talks about emotional persuasion resistance and the goal during voir dire of inoculating jurors against emotional appeals. Bill shares example questions and stories for how to inoculate jurors against emotional appeals by the opposition during…
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The Litigation Psychology Podcast - Episode 258 - Voir Dire Rewired: A Neurocognitive Approach - Part 1
32:33
32:33
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32:33Bill Kanasky, Jr., Ph.D. kicks off the first of a 4-part series on a sophisticated approach to voir dire. Bill lays out a highly advanced voir dire model based on behavioral science, cognitive psychology, and decision making research with a focus on cognitive fit, flexibility, and first impressions. It is critical in voir dire to build rapport with…
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The Litigation Psychology Podcast - Episode 257 – Why Jury Research Needs Validity and Reliability - Part 2
24:43
24:43
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24:43Bill Kanasky, Jr., Ph.D. continues discussing the importance of validity and reliability in jury research and specifically talks about the use of the clopening in jury research. The clopening is a combined opening and closing statement - basically a summary presentation of the case. The issue with the clopening is that it impacts your validity and …
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The Litigation Psychology Podcast - Episode 256 - Why Jury Research Needs Validity and Reliability - Part 1
29:20
29:20
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29:20Bill Kanasky, Jr., Ph.D. describes the scientific concepts of validity and reliability in research and why they are individually and collectively so important when conducting jury research. The question that validity helps answer is: are you measuring what you think you are measuring? Bill gives examples of how you can limit or improve your validit…
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The Litigation Psychology Podcast - Episode 255 - Different Types of Plaintiff Attorneys
43:49
43:49
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43:49Jim Pattillo, Partner, Christian & Small joins Bill Kanasky, Jr., Ph.D. to talk about different types of plaintiff attorneys. Jim and Bill discuss what the reasons are for why there has been a degradation in civility between attorneys in recent years and what can be done about it. They share how important curating a reputation is for younger attorn…
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The Litigation Psychology Podcast - Episode 254 - The Current & Future State of Insurance & Insurance Defense
43:16
43:16
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43:16Bryan Falchuk, President & CEO of Property & Liability Resource Bureau (PLRB), joins Bill Kanasky, Jr., Ph.D. to discuss several topics related to the insurance industry. Bryan shares some details on his background and describes what PLRB is, what they do, and the help they provide insurers/MGAs, service providers, and outside counsel. Bill and Bry…
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The Litigation Psychology Podcast - Episode 253 - Ethics Lessons from Suits
29:37
29:37
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29:37Brent Turman, Partner and Trial Attorney with Bell Nunnally & Martin LLP in Dallas, joins Steve Wood, Ph.D. on the podcast to talk about the hit series Suits and ethical issues that surface on the show. Brent gives an overview of an ethics CLE he presents referencing episodes of the show. Steve and Brent discuss how issues that occur in different e…
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The Litigation Psychology Podcast - Episode 252 - JFK Assassination Files Update - Q1 2025
36:09
36:09
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36:09JFK assassination expert Jefferson Morley joins Bill Kanasky, Jr., Ph.D. to discuss the latest updates on the JFK assassination including the recent executive order for a full and complete release of all JFK assassination records. Jefferson discusses what the FBI and CIA responses have been to the executive order, provides background on development…
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The Litigation Psychology Podcast - Episode 251 - How to Become a Disruptive Lawyer
44:21
44:21
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44:21Bill Mitchell, Founding Partner of Cruser & Mitchell, joins Bill Kanasky, Jr., Ph.D. to discuss deal-making and negotiation in litigation and how to be disruptive lawyer. Bill Mitchell describes his philosophy on managing litigation and how he got started taking this unconventional approach to litigation management. Bill talks about three character…
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The Litigation Psychology Podcast - Episode 250 - Your Witness Needs to Fail
24:32
24:32
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24:32Bill Kanasky, Jr., Ph.D. shares insights with attorneys for witness prep prior to their witness's deposition testimony. Bill emphasizes that the most important thing for witnesses is to fail during preparation in order to learn and grow so they are prepared for their deposition. This approach can be a challenge for attorneys as you don't want your …
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The Litigation Psychology Podcast - Episode 249 - Triggering Fight or Flight in the Plaintiff
24:19
24:19
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24:19Dr. Bill Kanasky, Jr. talks about the psychological concept of amygdala hijack, which is the fight or flight reaction, and whether to induce amygdala hijack in the plaintiff or plaintiff's expert at deposition. Bill discusses the considerations and situations in which defense counsel should and should not employ this approach and some ideas on how …
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The Litigation Psychology Podcast - Episode 248 - Latest Insights on Managing Medical Malpractice Litigation
50:54
50:54
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50:54Medical malpractice trial attorney Tad Eckenrode joins Bill Kanasky, Jr., Ph.D. to talk about the latest issues they are seeing in med mal cases. Tad and Bill discuss developments they are seeing recently including the increase in the number of 7-figure med mal cases as well as more openness from defense clients on investing in jury research to und…
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The Litigation Psychology Podcast - Episode 247 - Identifying and Managing 5 Difficult Types of Witnesses
35:32
35:32
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35:32Bill Kanasky, Jr., Ph.D. joins host Steve Wood, Ph.D. to discuss five (5) problematic witness types. Steve and Bill talk about who these witnesses are, how to identify them, and how to work with each type of witness: 1) The overly agreeable witness - a witness who is willing to agree with everything opposing counsel says or implies; 2) The defensiv…
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The Litigation Psychology Podcast - Episode 246 - More Art and Science of Voir Dire with Measurement
34:22
34:22
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34:22Bill Kanasky, Jr., Ph.D. shares ideas on how to upgrade your voir dire by applying measurement. One of the primary purposes of voir dire is to elicit information and Bill talks about ways to extract information from jurors to get accurate responses. Bill discusses how to handle oral questioning during voir dire, including the use of a 0-10 scale an…
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The Litigation Psychology Podcast - Episode 245 - Listener Mail
48:02
48:02
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48:02Steve Wood, Ph.D. and Bill Kanasky, Jr., Ph.D. answer the latest podcast listener mail: - When doing jury research and there is a confidentiality issue, should I use real names or fake names? - Should I advocate when doing jury research? - What are the benefits of a focus group over a mock trial? - How should I handle testing evidence that may or m…
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The Litigation Psychology Podcast - Episode 244 - Using an Alternate Questioner for Witness Preparation
29:33
29:33
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29:33Bill Kanasky, Jr., Ph.D. talks about witness preparation and the benefits of using an alternate questioner during mock questioning. Bill shares details on how the CSI witness training program works by building a foundation based on psychology. The first phase of the training is educational and focuses on cognition, behavior, and emotion and how the…
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The Litigation Psychology Podcast - Episode 243 - Constructing the Plan for a High Profile Trial - Part 2
35:09
35:09
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35:09Bill Kanasky, Jr., Ph.D. and Steve Wood, Ph.D. are joined by NYC trial attorney Tony Battista of Condon & Forsyth LLP in the second part of their discussion about a high profile trial they recently worked on together. The group talks about their approach for opening statements, how many drafts of the opening they had, how many versions they tested …
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The Litigation Psychology Podcast - Episode 242 - Constructing the Plan for a High Profile Trial - Part 1
36:45
36:45
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36:45Bill Kanasky, Jr., Ph.D. and Steve Wood, Ph.D. are joined by NYC trial attorney Tony Battista of Condon & Forsyth LLP in the first of a two-part discussion on trial techniques and details on a large aviation fatality case that they recently worked on together. Tony shares his background, talks about how he approaches highly complicated cases, and h…
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The Litigation Psychology Podcast - Episode 241 - Dirty Little Tricks at Deposition
34:33
34:33
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34:33Bill Kanasky, Jr., Ph.D. shares a list of dirty little tricks used by opposing counsel at deposition that can cause issues for witnesses who have not been trained and prepared for these devious tricks. 1. Repetition of questions (i.e., negative reinforcement) 2. Getting the witness on the Yes Train (lull the witness into an agreement pattern) 3. Us…
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The Litigation Psychology Podcast - Episode 240 - JFK Assassination Updates
46:10
46:10
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46:10Bill Kanasky, Jr., Ph.D. is joined by JFK assassination expert, journalist, and author Jefferson Morley to discuss the latest updates on the still unreleased government documents associated with the JFK assassination. Jefferson provides an overview of where things stand currently with release of JFK assassination documents, particularly with regard…
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The Litigation Psychology Podcast - Episode 239 - Career Insights from a Panel of Defense Attorneys
59:50
59:50
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59:50Bill Kanasky, Jr., Ph.D. is joined by Associate Attorney Jeffrey Oates, Attorney Kristin Petty, and Attorney Jason Preciphs from the law firm of Roberts, Carroll, Feldstein, and Peirce. Bill's guests describe the diverse types of cases their firm works on, how their firm attracts and retains associates, and how they provide growth opportunities for…
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The Litigation Psychology Podcast - Episode 238 - The Art and Science of Voir Dire with Unique Questions
28:35
28:35
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28:35Bill Kanasky, Jr., Ph.D. talks about unique voir dire questions, particularly around damages, to help attorneys improve their jury selection process and to set the stage for openings. Bill gives examples of topics to ask about during voir dire that help to indoctrinate jurors. Some of the topics for questions Bill discusses: social inflation, lawsu…
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The Litigation Psychology Podcast - Episode 237 - No Trust, No Nothing - The First Meeting with a Witness
35:48
35:48
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35:48Bill Kanasky, Jr., Ph.D. talks about something all attorneys, but particularly early career attorneys, need to keep in mind when preparing witnesses for deposition. Sometimes witnesses come into deposition preparation with some trauma which could be related to the litigation, or from other sources, that may be triggered or further exacerbated by th…
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The Litigation Psychology Podcast - Episode 236 - Preparing for the Storm (i.e., Pre-Litigation Management)
32:54
32:54
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32:54Bill Kanasky, Jr., Ph.D. talks about the critical importance of preparation for litigation, and particularly early preparation. Bill discusses the risks for the defense by not being prepared and the costs for not being prepared. Bill talks about steps to take before litigation even strikes: 1. Education: Identify people who will be involved in liti…
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The Litigation Psychology Podcast - Episode 235 - Name, Image, and Likeness (NIL) and Litigation
36:28
36:28
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36:28Jonathan Wohlwend, Associate Attorney at Bradley, joins Steve Wood, Ph.D. to talk about Name, Image, Likeness (NIL) and the legal implications around NIL. Jonathan provides background on what NIL is and is not, particularly within the context of college athletics, and describes how the process for NIL works for recruiting players. Jonathan defines …
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The Litigation Psychology Podcast - Episode 234 - The Danger With Witnesses Who Guess
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35:11
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35:11Bill Kanasky, Jr., Ph.D. talks about the biggest mistake witnesses make during testimony: guessing. Bill describes why this happens, even in light of clear direction to not guess, and how to address it. Bill talks about the attention/behavior gap which is driven by the brain's native neurocognitive wiring and explains the two categories of reasons …
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The Litigation Psychology Podcast - Episode 233 - Don't Let Your Witnesses Fight with a Professional Fighter
19:49
19:49
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19:49Steve Wood, Ph.D. talks about seeing more and more examples of witnesses who are fighting with opposing counsel in their deposition or at trial, motivated by a desire to get their story across. Steve covers several reasons why pivoting like this is a bad idea including: arguing with a professional arguer is foolish; jurors view witnesses who pivot …
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The Litigation Psychology Podcast - Episode 232 - Considerations for Selecting an Expert Witness
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26:04
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26:04Bill Kanasky, Jr., Ph.D. talks about how to select experts for trial testimony. One option is to pick national experts and another approach is to choose an expert who is more local to the venue. Bill walks through some important considerations when selecting an expert witness: - How much time does the expert spend testifying professionally? - How m…
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The Litigation Psychology Podcast - Episode 231 - From the Trenches - Q3 2024
56:29
56:29
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56:29Bill Kanasky, Jr., Ph.D. and Ava Hernandez join host Steve Wood, Ph.D. for another edition of From the Trenches where they discuss recent observations and updates from jury research projects, witness trainings, and cases that the CSI team have been working on. First, they talk about how too many attorneys wait until close to trial to contact the CS…
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The Litigation Psychology Podcast - Episode 230 - Fact or Fiction?
32:29
32:29
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32:29Paul Motz, Shareholder and Trial Attorney, at Segal McCambridge Singer & Mahoney joins Bill Kanasky, Jr., Ph.D. to dispel several myths around litigation and talk about what's fact and what's fiction. Paul and Bill discuss whether jurors hate corporations, whether the person most knowledgeable should always serve as the corporate representative, wh…
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The Litigation Psychology Podcast - Episode 229 - Getting to Know Steve Wood, Ph.D.
33:38
33:38
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33:38Steve Wood, Ph.D. joins host Ava Hernandez to discuss his background and how he got into the litigation consulting business. Steve shares details on his education and his interest in how people make decisions which he applies to his role as a litigation consultant. Ava and Steve also talk about their fascination with how people behave and in partic…
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The Litigation Psychology Podcast - Episode 228 - Managing Trial Stress
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30:37
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30:37Bill Kanasky, Jr., Ph.D. talks about how to manage stress during trial. Bill shares the three areas to focus on: physical health, emotional health, and mental health. Physical health keys: 1. Protect your sleep - really important to get plenty of restful sleep. 2. Exercise - get your body moving, even if its just for a few minutes by taking a walk …
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The Litigation Psychology Podcast - Episode 227 - Talking About Memory with Dr. Elizabeth Loftus - Part 2
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20:14
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20:14Nationally recognized and renowned memory expert Dr. Elizabeth Loftus joins Steve Wood, Ph.D. for the second part of their discussion about memory, where they talk about repressed memories. Dr. Loftus shares her experience working on cases where repressed memories were at the core of the case and the research she has done on repressed memories and …
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