The Litigation Psychology Podcast

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  • SOCIAL SCIENCES
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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 science, research, human behavior, and decision making, which they apply in the context of civil litigation.

  1. 19H AGO

    The Litigation Psychology Podcast - Episode 255 - Different Types of Plaintiff Attorneys

    Jim 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 attorneys and the importance of communication. Bill and Jim identify several different plaintiff attorney types and how to manage them:  - The unqualified and incompetent plaintiff attorney- The jerk, bombastic plaintiff attorney- The too busy or lazy plaintiff attorney- The unethical plaintiff attorney- The unrealistic plaintiff attorney  Lastly, Jim shares his firm's philosophy on mentoring and training younger attorneys and his advice to early career attorneys on honing their craft. Watch the video of this episode: https://www.courtroomsciences.com/r/6Em

    44 min

  2. MAR 17

    The Litigation Psychology Podcast - Episode 254 - The Current & Future State of Insurance & Insurance Defense

    Bryan 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 Bryan talk about current trends in the insurance industry, key issues around litigation, and Bryan describes how he used to manage litigation during his time as a Chief Claims Officer for an insurance carrier. Bryan shares his perspective on how the plaintiff's bar has increased their leverage in litigation and how players in the insurance defense industry are contributing to the current unbalanced situation.

    43 min

  3. MAR 10

    The Litigation Psychology Podcast - Episode 253 - Ethics Lessons from Suits

    Brent 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 episodes can inform the appropriate approach to litigation including mock trials, witnesses, ethical questions, competing loyalties, depositions, and more. Watch the video of this episode: https://www.courtroomsciences.com/r/X66

    30 min

  4. MAR 3

    The Litigation Psychology Podcast - Episode 252 - JFK Assassination Files Update - Q1 2025

    JFK 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 developments around digitization of some records, and his concerns about the delay of the records release since the executive order was signed. Jefferson and Bill also talk about the status of the lawsuit filed to get the JFK files released, share their thoughts on Jefferson's recent interview with Tucker Carlson, and discuss the recently surfaced audio tape that mentions LBJ's potential role in the JFK assassination.

    36 min

  5. FEB 24

    The Litigation Psychology Podcast - Episode 251 - How to Become a Disruptive Lawyer

    Bill 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 characteristics required to operate as a disruptive lawyer: #1 - legal acumen, #2 - proactivity, #3 -  emotional intelligence. The two Bills discuss several different challenging scenarios, how Bill Mitchell addresses them, and what he recommends other attorneys doing in those situations. Watch the video of this episode: https://www.courtroomsciences.com/r/Ur7

    44 min

  6. FEB 17

    The Litigation Psychology Podcast - Episode 250 - Your Witness Needs to Fail

    Bill 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 witness to get mad at you or you may have concerns about hurting their confidence during the prep. It is critical for the witness to understand that their failure during preparation has value and is actually necessary in order for them to be successful during testimony. As you start your mock questioning and you observe them failing, stop and give them feedback to build awareness of their performance. How you give them feedback is very important. You have to use operant conditioning and provide both constructive and positive feedback in order to punish poor performance -  to eliminate it - and reward good behavior - to increase it. The use of these psychological principles will help you fully prepare your witness by allowing them to fail during prep and providing them with the appropriate feedback so they are ready for the real thing.  Watch the video of this episode: https://www.courtroomsciences.com/r/hPR

    25 min

  7. FEB 10

    The Litigation Psychology Podcast - Episode 249 - Triggering Fight or Flight in the Plaintiff

    Dr. 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 and when to do so:1) Start the deposition with a surprise such as asking about a sensitive aspect of the case and apply pressure, something that you might have originally planned to do later in the deposition. This can induce a fight or flight reaction. 2) Properly use verbal and non-verbal emotion such as tone of voice, smirks, eye rolls, etc. when not getting the answer you want and then repeating questions. Amygdala hijack (fight or flight) is a neurochemical reaction that lasts inside the witness's system for 3-5 hours and gives you a distinct advantage. 3) Use your best exhibits early and don't wait until later in the deposition.

    24 min

  8. FEB 3

    The Litigation Psychology Podcast - Episode 248 - Latest Insights on Managing Medical Malpractice Litigation

    Medical 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 understand what these cases are really worth to help inform whether they should settle or go to trial. Tad shares the value he sees in collecting insights from mock jurors early in the life of the case, particularly during discovery and especially prior to mediation, to help shape how he approaches the strategic plan for the case and to inform the mediator of what his research shows the case is really worth. Tad and Bill talk about Gen Z jurors, artificial intelligence (AI), and attracting and retaining associates and giving them experience to help them develop and learn. They also describe examples of different witness situations and the challenges with preparing witnesses in these scenarios, including working with the growing population of physician assistants and nurse practitioners. Lastly, Tad and Bill talk about the risks of witness pivoting and how to handle witnesses who come into deposition prep with a high level of anger. Watch the video of this episode: https://www.courtroomsciences.com/r/1EM

    51 min
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4.5
out of 5
25 Ratings

About

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 science, research, human behavior, and decision making, which they apply in the context of civil litigation.

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