The Litigation Psychology Podcast - Episode 262 - Taking a Deep Dive into a Recent Defense Victory
Larry Hall, Partner at Chartwell Law, joins Bill Kanasky, Jr., Ph.D. and Steve Wood, Ph.D. to break down the process and positive outcome of a recent trial. Larry shares an overview of the case, how mediation went, and what the demands were from the plaintiff attorney. The group discusses the jury research that was conducted for this case, how the research was set up, what the legal team wanted to learn from the research, and what some of the findings were in the research, including surprises. Bill, Steve, and Larry also talk about identifying pro-plaintiff and pro-defense jurors based on the jury research and how they used the research findings to develop juror profiles, voir dire questions, and their opening statement plan. Larry then describes the process for jury selection, how they approached their strikes, and how the jury research informed both his opening statement and his closing. Lastly, Larry talks about the curveballs they experienced during trial, how his team handled them, and his client's reaction to the final verdict. Watch the video of this episode: https://www.courtroomsciences.com/r/k0J
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52:24
The Litigation Psychology Podcast - Episode 261 - Voir Dire Rewired: A Neurocognitive Approach - Part 4
Bill Kanasky, Jr., Ph.D. concludes our 4-part series on a sophisticated approach to voir dire. Bill discusses juror sympathy and commitment to following the law. Bill talks about a concept called sympathy override and gives examples of how to get jurors to open up about the concept of sympathy and whether they can maintain discipline when it comes to sympathy. You have to address the challenge that jurors will experience when their heart and head are in conflict. Next, Bill explains Pre-Commitment Theory and how to leverage public commitment from jurors to increase the likelihood of them sticking to their commitment, plus how Pre-Commitment Theory can also be used to hold each other accountable in deliberations. Verbal commitment in front of the other jurors is critical for this to work. Bill concludes by emphasizing that the key to the entire concept of this sophisticated approach to voir dire is pre-programming the juror brain and the stepwise process required to do so. Watch the video of this episode: https://www.courtroomsciences.com/r/pXC
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The Litigation Psychology Podcast - Episode 260 - Voir Dire Rewired: A Neurocognitive Approach - Part 3
Bill Kanasky, Jr., Ph.D. continues with part 3 of our 4-part series on a sophisticated approach to voir dire. In this part, Bill talks about cognitive dissonance and personal responsibility. Cognitive dissonance is defined as mental discomfort. You have to give jurors examples of when you have experienced mental discomfort so they can relate and will share their own experiences with cognitive dissonance and also so they will hold themselves and each other accountable during deliberations. Next Bill describes how to address the topic of personal responsibility and how to plant seeds on it so you prime their brain for the concept of personal responsibility. Lastly, Bill talks about the topics of sharing fault and risk awareness. Watch the video of this episode: https://www.courtroomsciences.com/r/oBj
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The Litigation Psychology Podcast - Episode 259 - Voir Dire Rewired: A Neurocognitive Approach - Part 2
Bill Kanasky, Jr., Ph.D.'s second part of our 4-part series on a sophisticated approach to voir dire. Bill talks about emotional persuasion resistance and the goal during voir dire of inoculating jurors against emotional appeals. Bill shares example questions and stories for how to inoculate jurors against emotional appeals by the opposition during trial and how to identify jurors you want to keep and which you want to strike. Bill also talks about anchoring and how to approach the concepts of anchoring, high dollar awards, counter-anchoring and social inflation, all during voir dire. Watch the video of this episode: https://www.courtroomsciences.com/r/Stb
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The Litigation Psychology Podcast - Episode 258 - Voir Dire Rewired: A Neurocognitive Approach - Part 1
Bill Kanasky, Jr., Ph.D. kicks off the first of a 4-part series on a sophisticated approach to voir dire. Bill lays out a highly advanced voir dire model based on behavioral science, cognitive psychology, and decision making research with a focus on cognitive fit, flexibility, and first impressions. It is critical in voir dire to build rapport with jurors to normalize differences in opinion and disclosure of information. The goal is to give jurors an easy out to strike themselves. Bill shares example questions to accomplish this and how to identify juror fit. Next, Bill talks about assessing cognitive flexibility and confirmation bias and gives examples on how to identify jurors with inflexible thinking. Lastly, Bill talks about the importance of likability, vulnerability, and relatability of the attorney and how that impacts your voir dire success and the rest of the trial. It is imperative to use personal experiences and stories to get jurors to open up, to be honest, and to trust you. Watch the video of this episode: https://www.courtroomsciences.com/r/5wH
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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