The Litigation Psychology Podcast litpsych

Medical malpractice defense attorney Michael Denning of Heyl Royster joins Bill Kanasky, Jr., Ph.D. to talk about the timeline of litigation in medical malpractice. First, Michael and Bill touch on the mental stress of being named in a lawsuit and the importance of making sure the physician or named defendant is doing okay and checking in on their mental health. They discuss the process of building trust with the defendant and issues that arise around finger pointing and defendants who are worried about their reputation if word gets out that they are being sued. Michael and Bill talk about preparing for deposition and how defendants are so often misinformed about what the purpose of their testimony is and how their deposition really needs to be prepared for and handled. They also discuss the challenge of working with foreign-born witnesses and how all witnesses must embrace their conduct and decisions. Lastly, Mike and Bill talk about the trial phase of litigation, the direction that needs to be given to defendants about what to expect at trial, and why they are a focal point for the jury even when they are not on the witness stand. Watch the video of this episode: https://www.courtroomsciences.com/r/F8L

Bill Kanasky, Jr., Ph.D. joins host Ava Hernandez to discuss his background and how he got into the litigation consulting industry. Ava and Bill talk about how their backgrounds in clinical psychology allow them to assess and prepare witnesses in a way that attorneys are not trained to. They also discuss the ethical challenges with the tension that can occur in working with witnesses, the emotional and mental issues that a witness may be dealing with and addressing their psychological wellness prior to witness prep. Lastly, Ava and Bill offer their insights on what they see in the future around litigation. Watch the video of this episode: https://www.courtroomsciences.com/r/PrO

Chuck Ingram, Partner with Estes, Ingram, Foels & Gibbs, P.A., joins Bill Kanasky, Jr., Ph.D. to talk about the discovery stage of medical malpractice litigation. Chuck discusses the importance being proactive during the discovery phase in med mal cases and how he approaches discovery differently based on which plaintiff firm has filed the suit. Bill and Chuck also talk about developing younger attorneys, managing co-defendants, strategies for admitting liability, the value of jury research, over-reliance on expert witnesses, and dealing with emotional nurse witnesses. Watch the video of this episode: https://www.courtroomsciences.com/r/Pgv

Shane O'Dell, Member, Naman, Howell, Smith, and Lee & Mike Bassett, Trial Attorney, The Bassett Firm, join Steve Wood, Ph.D. to talk about some of the misperceptions of the defense bar. The group discuss what the Reptile Theory is really all about and that the purpose of the Reptile Theory is less about scaring the jury and more about empowering them. 
Mike, Shane, and Steve discuss the evolution of Reptile to The Edge and what is different about The Edge from Reptile Theory, as well as what they are seeing as best practices from strong plaintiff attorneys. The group also talk about the importance of establishing a relationship with your defense witnesses, how best to approach opening statements, and the value in testing with focus groups and mock trials. Lastly, they discuss counter-anchoring, how to approach providing an alternate damage figure for the jury, admitting liability, and humanizing the corporate defendant. Watch the video of this episode: https://www.courtroomsciences.com/r/p97

Kristi Harrington, Certified Mediator and Arbitrator with Kristi Harrington Dispute Resolution, joins Bill Kanasky, Jr., Ph.D. to discuss mediation and alternative dispute resolution in medical malpractice cases. Kristi shares her background and the help she offers clients with alternative dispute resolution and mediation. They talk about issues they encounter in medical malpractice cases and ways to get the most favorable and reasonable outcomes in mediation.
Kristi and Bill also cover what to look for when hiring a mediator including someone who understands the medical field, someone who can be empathetic to both parties, and someone who is committed to the process to ensure there is an acceptable resolution for all parties. Bill and Kristi discuss the criticality of early assessment of cases with data from mock jurors to help with case preparation and not simply using prior verdicts or similar cases in that jurisdiction. Lastly, they talk about the importance of having a good presentation for the mediator and helping the mediator understand the nuances of your case which aids them in doing their job.  Watch the video of this episode: https://www.courtroomsciences.com/r/R5S

Leah Miller, Fractional CFO, LNM Financial Services LLC joins Bill Kanasky, Jr., Ph.D. to talk about law firm finances. Leah and Bill define key financial terms such as revenue, expenses, profitability, and talk about the complexities that crop up as a firm grows. Leah shares the guidance she gives her clients on how often they should be looking at their numbers and describes what a Fractional CFO does and how it differs from a CPA or bookkeeper. Leah and Bill also discuss setting goals, managing cash flow, and what lawyers and law firms need to watch out for in their spending. Watch the video of this episode: https://www.courtroomsciences.com/r/oAw