The Litigation Psychology Podcast - Episode 266 - Why Witness Brains Require Neurocognitive Remapping

The Litigation Psychology Podcast

Bill 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 critical elements like cognition, emotion, and behavior. Neurocognitive remapping a science-based process that helps witnesses respond to high-stress litigation stimuli in a calm, logical, and strategic manner.

Bill explains how the brain is evolutionarily wired for workplace and social environments, where quick responses, cooperation, and elaboration are rewarded. However, those same behaviors become liabilities in testimony. A core focus of the training is slowing down cognitive reflexes, as fast answers often lead to volunteering harmful information or falling into traps set by opposing counsel. He introduces the question-answer cycle, a temporal model showing how witnesses can control half of the deposition process through deliberate pacing - improving cognition and limiting vulnerability by reducing the number of questions the opposing attorney can ask.

The remapping process includes assessing each witness’s cognitive, emotional, and communication profile, simulating real testimony pressure, and using operant conditioning through immediate feedback and reinforcement. Drawing from sports psychology, the training builds emotional regulation, focus, and mental endurance to keep witnesses functioning from the prefrontal cortex - the part of the brain where logic and impulse control reside - rather than slipping into amygdala hijack and fight-or-flight responses. Bill emphasizes this is not basic witness coaching, but a structured neurocognitive program that cultivates control, composure, and precision, ultimately producing testimony that is sharp, accurate, and resistant to tactics like the Reptile and Edge Theory.

Watch the video of this episode: https://www.courtroomsciences.com/r/307