The Litigation Psychology Podcast - Episode 282 - Win More by Using All the Pieces of the Litigation Puzzle

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 jury selection without supporting jury research is ineffective, comparing it to a surgeon operating without diagnostic scans. Meaningful jury selection requires data to build juror profiles and well-structured, insightful questions and follow-ups to extract useful responses to identify safe and risky jurors.

Bill stresses that winning cases demands balance across all stages of litigation: witness training for both deposition and trial, early and iterative jury research, scientifically-based voir dire, and tested and compelling opening statements. He notes that even a perfect jury selection is useless if the attorney is delivering a poor opening statement or putting up unprepared witnesses, and that cutting corners in these areas leads to predictable losses. Instead, he urges defense teams to invest in comprehensive preparation and ongoing training to strengthen performance across the board.

Lastly, Bill shares a recent example of a defense verdict that came down to witness credibility and preparation. He outlines the techniques that led to success including the witness controlling the pace, avoiding argumentative “pivoting,” and keeping testimony clear, concise, and authentic. He closes by encouraging law firms to adopt structured, science-based training for attorneys to move the needle toward more consistent defense wins.