The Litigation Psychology Podcast

Jim Pattillo & Todd Weston, Partners with Christian & Small, join Bill Kanasky, Jr., Ph.D. to talk about a range of topics on managing a law firm and managing litigation. The group discuss how to get younger attorneys trial experience, particularly when fewer and fewer cases are going to trial, how to manage stress, work/life balance, and healthy lifestyles while still growing a profitable firm, thoughts around voir dire, m...

Bill Kanasky, Jr., Ph.D. speaks about how important it is to establish trust with witnesses prior to starting any prep. Attorneys need to ask witnesses how they are doing, demonstrate that they genuinely care about their witness's mental and emotional state, and earn their trust before diving into any of the specifics of the litigation. Witnesses may have issues impacting them that are completely unrelated to the lawsuit, though th...

Bill Kanasky, Jr., Ph.D. and Steve Wood, Ph.D. answer another batch of podcast viewer and listener questions:

• When is the right time to conduct a focus group—should I wait until discovery is complete?

• Can I test my opening statement in front of staff members or family?

• Why is it important to test opening statements with mock jurors?

• Should a consultant or moderator sit inside the jury deliberation room during a mock trial?

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Bill Kanasky, Jr., Ph.D. breaks down why the single most powerful testimony tool in depositions and trial is the disciplined use of “No” or “I disagree”, followed by silence. Bill explains how witnesses get into trouble when they add explanations after a comma (“No, because…”), which leads to defensive or evasive answers and creates damaging credibility issues. Instead, he emphasizes a strategy rooted in cognitive science: reject t...

Bill Kanasky, Jr., Ph.D. expands on the “disruptive voir dire” approach, focusing on how to neutralize juror confirmation bias, which is one of the most dangerous psychological forces in the courtroom, and in life. Bill explains why all humans are hardwired to make rapid, belief-driven judgments and how those cognitive shortcuts can lock jurors into the plaintiff’s narrative before the defense even begins its case.

He outlines a st...

In this episode, Bill Kanasky, Jr., Ph.D. explains why most defense teams misuse jury research by relying solely on a single mock trial and skipping the exploratory phase required by the scientific method for validity and reliability. Bill breaks down how early focus groups are critical in revealing juror confusion, hidden vulnerabilities in your case, and dangerous misconceptions that mock trials are unable to uncover. He also emp...

Steve Wood, Ph.D. and Linda Khzam, M.A. break down the topic of hindsight bias and its impact on juror decision-making. They explain how learning an outcome makes jurors believe it was predictable all along, leading to exaggerated foreseeability and unrealistic expectations of what defendants “should have known.”

Steve and Linda discuss how hindsight bias appears across different case types from trucking and transportation to incid...

Bill Kanasky, Jr., Ph.D. discusses a recurring problem in wrongful death cases: jurors’ tendency to mistakenly believe their job is to assign a monetary value to a life. Bill explains how this cognitive shortcut often leads to inflated damage awards because jurors default to emotional reasoning rather than following the legal instructions.

To prevent this, Bill emphasizes that the issue must be addressed proactively during voir dir...

Bill Kanasky, Jr., Ph.D. talks about several issues he sees with opening statements. Bill highlights the biggest issue the CSI team comes across in opening statements: starting the opening statement in the wrong spot. Bill emphasizes the importance of the first two minutes of the opening and how those first two minutes frame how you want the jury to see your case (i.e., the cognitive lens.) The first thing that the defense attorney...

Bill Kanasky, Jr. Ph.D. shares a comparison between two different performances by witnesses at a recent mock trial and how their deposition performance impacted jurors' perceptions of the credibility of the witnesses and jurors' views of the case. One of the witnesses gave several pivoting responses, using phrases like "Yeah, but...." many times, which the jurors found evasive and did not like. Bill talks about how to handle situat...

Bill Kanasky, Jr., Ph.D. talks about what attorneys and defendants get wrong about jury research. Defense teams that follow the traditional jury research model and only conduct mock trials ignore the scientific method. If you want results you can have confidence in, you have to follow the proven scientific method. Bill describes the two biggest issues with mock trials:

- conducting a mock trial as the first, and often only, researc...

Bill Kanasky, Jr., Ph.D. discusses setting proper expectations when it comes to managing litigation and the relationship between each element in litigation. For example, Bill highlights that success in trial depends on a constellation of factors, not just one element like jury selection, and that defense teams often place too much weight on a single component while neglecting others. He explains that having a consultant present for...

In this episode of The Litigation Psychology Podcast, Bill Kanasky, Jr., Ph.D. discusses confirmation bias and its destructive impact on litigation decision-making. He explains that confirmation bias — when attorneys or claims professionals interpret case facts in ways that support their preexisting beliefs — is one of the most dangerous cognitive traps in civil litigation. Plaintiff attorneys have recognized this risk in their own...

Bill Kanasky, Jr., Ph.D. breaks down two critical mistakes attorneys make in opening statements: dilution of their message and their communication frequency. Frequency refers to the attorney’s delivery dynamics - energy level, confidence, rhythm, and emotional tone - that either engages jurors or turns them off. Common problems with communication frequency include defensiveness, nervousness, over-talking, and coming across as if tr...

In this episode of the Litigation Psychology Podcast, Bill Kanasky, Jr., Ph.D. talks about common missteps in litigation and explains why defense teams must “stop losing before they can start winning.” He argues that many losses stem not from case facts but from preventable mistakes, as the plaintiff’s bar continues to be proactive while the defense often remains reactive.

Bill highlights three key areas for improvement: early and ...

Trucking defense attorneys Shane O'Dell and Larry Hall join hosts Bill Kanasky, Jr., Ph.D. and Steve Wood, Ph.D. to talk through several topics in trucking and transportation litigation. They begin by discussing the devastating illegal U-turn trucking accident in Florida resulting in multiple fatalities and the political fallout due to immigration issues with the driver. The group talk about how to address this horrible accident in...

Bill Kanasky, Jr., Ph.D. and Steve Wood, Ph.D. discuss the most common mistakes attorneys make during litigation touching on jury research, voir dire, direct examination, openings, and closings.

Bill and Steve stress that in jury research, confirmation bias is a major pitfall and attorneys often dismiss unfavorable results instead of using them to prepare for trial. They also highlight how waiting too long to conduct research is an...

In this episode, Bill Kanasky, Jr., Ph.D. is joined by attorneys Johan Flynn and Kevin Greene to discuss their recent nine-week asbestos trial in California that resulted in a major defense verdict. Johan and Kevin describe how they incorporated CSI’s disruptive voir dire techniques into their jury selection strategy, using them to identify unfavorable jurors, plant seeds on critical defense themes, and introduce concepts such as a...