The Litigation Psychology Podcast - Episode 277 - Avoiding Common Litigation Mistakes

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 another mistake, as early testing reveals vulnerabilities before they become entrenched. In voir dire, many attorneys aren't vulnerable with jurors and also don't go deep enough with their questioning. Bill and Steve argue that opening up personally with jurors and going deeper on their responses helps identify problematic jurors and builds credibility.

On direct examination, they caution against long, unfocused testimony, irrelevant background questions, and overly broad prompts that cause witnesses to ramble. Openings should avoid lengthy introductions and dense slide decks, instead focusing on clear, simple storytelling that doesn’t overload jurors cognitively. Lastly, in closing arguments, they remind defense counsel that the goal is not to change minds but to equip favorable jurors with tools for deliberations.