
Free Daily Podcast Summary
by litpsych
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.
The most recent episodes — sign up to get AI-powered summaries of each one.
CSI Litigation Consultant Linda Khzam, M.A. joins Bill Kanasky, Jr., Ph.D. to talk about illogical thought patterns of witnesses. Often witnesses have misconceptions about the litigation process or concerns about ramifications of their performance in the deposition, which need to be addressed before any prep can start. Bill and Linda share how they help witnesses open up so they can address any distracting thinking patterns that will prevent the witness from doing well in the prep and also talk about the biggest issue that they deal with which is witnesses trying to "win" the deposition. They explain why witness brains are hard-wired to certain thought patterns and how they have to ""rewire"" the brain in order to break these ingrained ways of thinking.
Paul Molinaro, M.D., J.D. joins Steve Wood, Ph.D. for part 2 of their conversation about medical malpractice litigation from Paul's unique perspective as a Physician, Attorney, Mediator, and Arbitrator. Paul talks about his role as a mediator, shares his philosophy on managing mediations, and how he approaches different mediation scenarios. Paul gives examples of two types of mediations: facilitative and evaluative. Steve and Paul also talk about anchoring in mediation and the power of the "middle number." Lastly, Paul shares his recommendations and suggestions to attorneys to best prepare for mediation.
Paul Molinaro, M.D., J.D., who is a Physician, Attorney, Mediator, Arbitrator and founder of MD JD Dispute Resolution, joins Steve Wood, Ph.D. to share his background on his many roles and experience with medical malpractice cases. Paul and Steve discuss the standard of care, how Paul evaluates the cases that he is approached to work on, how patients and jurors judge physicians, how they perceive the standard of care and the expertise of physicians, and the role of expert witnesses in med mal cases. They also talk about the business of medicine and how that can impact patient care. Steve and Paul dive into the reactions and concerns they deal with when physicians get sued and what has changed in medical malpractice litigation over the past 20 years, particularly with the advent of AI.
Bill Kanasky, Jr., Ph.D. defines and describes the cognitive gap and why witnesses must protect this gap during testimony. Bill shares the brain science behind cognitive fatigue when maximizing cognition in a deposition and how a witness must be trained - not just told - how to practice and protect the cognitive gap. The training process requires teaching and practice in order to master the skills required to be successful during testimony, especially since opposing counsel's goal will be to get the witness to go faster and reduce the cognitive gap. The challenge for the witness is that the cognitive gap is uncomfortable so the witness must be neurocognitively trained to embrace the discomfort as that is the key to achieving a positive outcome in the deposition.
CSI Litigation Consultant Sarah Burton, Ph.D. joins Bill Kanasky, Jr., Ph.D. to talk about training witnesses to prepare them for testimony. Sarah shares how she approaches getting to know witnesses before the training formally begins to help put them at ease and to evaluate their mental and emotional state. Bill and Sarah discuss how challenging it is for witness's brains to be concise when they are so used to explaining and giving details in day-to-day life, and how they help witnesses understand the importance of brevity. They also describe how they go about giving feedback to a witness during the training, how they handle Reptile/Edge Theory questions, and the differences between training a fact witness vs. a corporate representative. Bill and Sarah talk about how they train witnesses to accept bad facts and why witnesses have to avoid pivoting. Lastly, they explain the importance of simulating the actual deposition experience to ensure that the witness is fully prepared for manipulative tactics or other psychological tricks that the questioner may use.
Alexander Green, Partner with Lewis Brisbois, joins Bill Kanasky, Jr., Ph.D. to discuss young attorney development and mentoring. Alexander shares his thoughts on what attorney mentorship looks like and how leaders can facilitate development opportunities for early career attorneys within their firms. Alexander also talks about how his career has benefited from having mentors, how he balances being mentored and mentoring others, and what mentees should consider when deciding who to approach for mentorship.
CSI Litigation Consultant Linda Khzam joins Bill Kanasky, Jr., Ph.D. to share the breakdown of a recent case and the jury research process that was used. Bill and Linda take a deep dive into the who, what, when, where, and why of Case Assessment Panels, which are virtual focus groups, and are the primary methodology for conducting exploratory jury research. Case Assessment Panels can be conducted at any stage of the litigation and can be used to explore juror insights on parties, evidence, liability, apportionment of fault, witnesses, and damages. They also discuss the importance of validity and reliability in jury research and how much they matter in the confidence and certainty around the results. Linda also describes the process that was used when mediation was not successful in this case and the jury research that was conducted in preparation for trial, including testing of opening statement and visuals to avoid missteps prior to trial.
Attorney Billy Davis of Taylor Nelson Slattery Bernard PL joins Bill Kanasky, Jr., Ph.D. to discuss their Law360 article on the topic of witnesses using AI for their deposition or trial testimony prep. Billy and Bill talk about how they anticipate the questions from opposing counsel at deposition about AI usage by witnesses is going to play out. Billy shares what he thinks may happen if witnesses admit to using AI in preparation for their deposition. They also discuss the exposure and issues of using AI in preparation for trial testimony and the credibility issues when this inevitably comes up during trial. Lastly, Bill and Billy highlight what attorneys need to discuss with witnesses on the topic of AI usage during litigation.
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.
AI-powered recaps with compact key takeaways, quotes, and insights.
Get key takeaways from The Litigation Psychology Podcast in a 5-minute read.
Stay current on your favorite podcasts without falling behind.
It's a free AI-powered email that summarizes new episodes of The Litigation Psychology Podcast as soon as they're published. You get the key takeaways, notable quotes, and links & mentions — all in a quick read.
When a new episode drops, our AI transcribes and analyzes it, then generates a personalized summary tailored to your interests and profession. It's delivered to your inbox every morning.
No. Podzilla is an independent service that summarizes publicly available podcast content. We're not affiliated with or endorsed by litpsych.
Absolutely! The free plan covers up to 3 podcasts. Upgrade to Pro for 15, or Premium for 50. Browse our full catalog at /podcasts.
The Litigation Psychology Podcast publishes weekly. Our AI generates a summary within hours of each new episode.
The Litigation Psychology Podcast covers topics including Science, Business, Social Sciences. Our AI identifies the specific themes in each episode and highlights what matters most to you.
Free forever for up to 3 podcasts. No credit card required.
Free forever for up to 3 podcasts. No credit card required.