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The Litigation Psychology Podcast: Daily Summaries Delivered
by Courtroom Sciences
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, jury research, human behavior, and decision making, which they apply in the context of civil litigation.
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- 2 days ago43 min
#331 - Using Early Jury Research to Guide Discovery
CSI Litigation Consultant Sarah Burton, Ph.D. joins Steve Wood, Ph.D. to discuss early jury research. Sarah shares details about a case in which she conducted a focus group very early in the case, while discovery was still open, to understand what jurors thought about an important piece of evidence that the defense was expecting to base their case on. And it turned out that this evidence was not important to the jurors - they understood the evidence, however, they were not persuaded by it which led the defense team to have to rethink their strategy for discovery and beyond. Early jury research can help guide and inform what the legal team focuses on that matters to jurors vs. what they may assume is important or relevant. Sarah and Steve also touch on how they handle angry witnesses. Lastly, Steve and Sarah talk about the Test/Retest focus group format and how it aids in testing whether liability should be admitted or not, testing specific pieces of evidence that may or may not come in, testing anchors and counter-anchors, and more. Watch the video of this episode: https://youtu.be/MEtNtkNpKi8
- 1 weeks ago34 min
#330 - Conducting Jury Research on Highly Sensitive Cases
CSI Litigation Consultant Linda Khzam, M.A. joins Steve Wood, Ph.D. to talk about jury research in highly sensitive cases, such as sexual abuse and molestation, child abuse, racially sensitive situations like police shootings, etc. Linda and Steve discuss the challenges that jurors have in evaluating the evidence in sensitive cases and how the jury research has to be approached in these types of cases. The way in which the case is presented becomes critical in cases with sensitive situations so testing how the case is framed in a focus group is critically important to understanding what may trigger jurors and to gauge their reactions to what is being presented, and how. Steve and Linda also share their experiences with how juror's beliefs, attitudes, and experiences affect their interpretation of the evidence and how those with strong perspectives can influence other jurors and those who are afraid to share their opinion are influenced by them. They also talk about how to manage juror reactions to sensitive details in these cases and the emotional toll it can take on jurors to hear, see, and discuss highly unsettling evidence and case facts. Watch the video of this episode: https://youtu.be/7kDHLUg5WGo
- 2 weeks ago23 min
#329 - Reptile Question Sequencing - The Risk Is In The Setup
Bill Kanasky, Jr., Ph.D. talks about a deposition topic that doesn't get enough attention: the question sequencing in a Reptile deposition. Bill describes how the setup questions that precede the transition point to Reptile/Edge questions lull the witness's brain into a state of safety which prevents them from recognizing the subtle transition to the dangerous Reptile/Edge questions. The witness's brain becomes comfortable with the basic, simple, fact-based questions being asked and doesn't realize when the questions change from safe to risky. Most attorneys prepare their witnesses for the "standard" Reptile safety questions. What's missing is that these Reptile questions about safety are actually the secondary threat - the setup questions are the primary threat and this is what witnesses need to understand and be prepared for. Detecting the transition to the risky Reptile questions is difficult, however, with neurocognitive training, can be done. Watch the video of this episode: https://youtu.be/vNjF1kqzS8U
- 3 weeks ago51 min
#328 - The Do's and Don'ts of Jury Research in Medical Malpractice Cases
Sarah Burton, Ph.D. joins Bill Kanasky, Jr., Ph.D. to talk about some do's and don'ts of jury research in medical malpractice cases. Sarah's Don'ts: - Don't go into a focus group expecting to predict the verdict - the purpose of focus group research is to understand how jurors interpret the evidence and what does and does not resonate - Don't start your research with a mock trial - focus groups (exploratory research) should be the first step in jury research rather than mock trials which are confirmatory research projects - Don't argue or advocate in a focus group - the problem when not taking a neutral approach to the presentation is it invites presenter bias - Don't assume jurors understand what you are presenting - you must assess juror comprehension before diving into their feedback - Don't make assumptions about how witnesses will perform - testing each of your key witnesses with jurors in a focus group is critically important Sarah's Do's: - Do focus on the why behind the attitudes and perspectives the jurors are sharing - Do listen more than you talk - Do be balanced and neutral - Do video all witnesses at deposition to test in focus group jury research - Do test your case early and often - apply the scientific method Watch the video of this episode here: https://youtu.be/dT4Mh3RAXQ0
- Sep 7, 202640 min
#327 - Hot Seat and Trial Technology
James Smith, Senior Technology Consultant with IMS Legal Strategies, joins Steve Wood, Ph.D. to discuss trial tech. James describes his responsibilities as a Hot Seat operator before and during trial. James and Steve talk about the different ways that attorneys work, meeting their diverse expectations, and how he prepares for different scenarios at trial. James shares a couple of war stories from trials and also provides tips for attorneys on how to help make the process of working with Hot Seat operators as smooth and impactful as possible. Watch the video of this episode here: https://youtu.be/E4LMBv2IPus
- Aug 31, 202641 min
#326 - Expert Witness for Dental Malpractice Cases
Endondist Chanelle Small, DDS joins Bill Kanasky, Jr., Ph.D. to talk about her experience as an expert witness on dental malpractice cases. Dr. Small describes the most common types of dental malpractice cases she sees and how she approaches the reviews that she is asked to do, particularly when there are questions about causation. She also shares a couple of stories of wild cases she has worked on as well as her experience with testifying. Lastly, Dr. Small talks about how she explains complex dental terminology and topics to jurors, the difference between working with defense attorneys and plaintiff attorneys, and answers a speed round of questions about dental health. Watch the video of this episode here: https://youtu.be/zl568PD5XBE
- Aug 24, 202642 min
#325 - The Current Litigation Landscape: A Defense Attorney's Perspective
Brad Hughes, Member at Clark Hill, joins Steve Wood, Ph.D. and Bill Kanasky, Jr., Ph.D. to talk about what he's seeing in the current litigation landscape including the latest on what the plaintiff's bar is doing pre-suit, early in litigation, and at trial. The group discuss the importance of selecting the right cases to take to trial and Brad shares insights on what he has learned about how plaintiff attorneys approach their cases. Brad also offers his perspective on what the defense side gets wrong and why. Lastly, Brad, Steve, and Bill talk about the use of AI in legal. Watch the video of this episode here: https://youtu.be/kZl49qlmZPo
- Aug 17, 202648 min
#324 - The Best Approach for Counter-Anchoring - Part 2
Linda Khzam joins Bill Kanasky, Jr., Ph.D. for part two of their discussion on anchoring and counter-anchoring. Linda begins by talking about the focus groups CSI has been doing to test voir dire questions and also focus groups testing opening statements. Linda and Bill describe the goals for the disruptive voir dire system, the questions asked of the mock jurors to help identify the questions that work and those that don't, as well as the indoctrination that is necessary to tie voir dire to opening statements. Lastly, Linda and Bill talk about setting up the topic of anchoring and counter-anchoring in voir dire and then addressing anchoring in your opening and how to handle there and in closing.
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About The Litigation Psychology Podcast
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, jury research, human behavior, and decision making, which they apply in the context of civil litigation.
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