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.