The Litigation Psychology Podcast

CSI Litigation Consultant Linda Khzam, M.A. joins Steve Wood, Ph.D. to talk about jury research in highly sensitive cases, such as sexual abuse and molestation, child abuse, racially sensitive situations like police shootings, etc. Linda and Steve discuss the challenges that jurors have in evaluating the evidence in sensitive cases and how the jury research has to be approached in these types of cases. The way in which the case is presented becomes critical in cases with sensitive situations so testing how the case is framed in a focus group is critically important to understanding what may trigger jurors and to gauge their reactions to what is being presented, and how. Steve and Linda also share their experiences with how juror's beliefs, attitudes, and experiences affect their interpretation of the evidence and how those with strong perspectives can influence other jurors and those who are afraid to share their opinion are influenced by them. They also talk about how to manage juror reactions to sensitive details in these cases and the emotional toll it can take on jurors to hear, see, and discuss highly unsettling evidence and case facts. Watch the video of this episode: https://youtu.be/7kDHLUg5WGo

Bill Kanasky, Jr., Ph.D. talks about a deposition topic that doesn't get enough attention: the question sequencing in a Reptile deposition. Bill describes how the setup questions that precede the transition point to Reptile/Edge questions lull the witness's brain into a state of safety which prevents them from recognizing the subtle transition to the dangerous Reptile/Edge questions. The witness's brain becomes comfortable with the basic, simple, fact-based questions being asked and doesn't realize when the questions change from safe to risky. Most attorneys prepare their witnesses for the "standard" Reptile safety questions. What's missing is that these Reptile questions about safety are actually the secondary threat - the setup questions are the primary threat and this is what witnesses need to understand and be prepared for. Detecting the transition to the risky Reptile questions is difficult, however, with neurocognitive training, can be done. Watch the video of this episode: https://youtu.be/vNjF1kqzS8U

Sarah Burton, Ph.D. joins Bill Kanasky, Jr., Ph.D. to talk about some do's and don'ts of jury research in medical malpractice cases.

Sarah's Don'ts:

- Don't go into a focus group expecting to predict the verdict - the purpose of focus group research is to understand how jurors interpret the evidence and what does and does not resonate

- Don't start your research with a mock trial - focus groups (exploratory research) should be the first step in jury research rather than mock trials which are confirmatory research projects

- Don't argue or advocate in a focus group - the problem when not taking a neutral approach to the presentation is it invites presenter bias

- Don't assume jurors understand what you are presenting - you must assess juror comprehension before diving into their feedback

- Don't make assumptions about how witnesses will perform - testing each of your key witnesses with jurors in a focus group is critically important

Sarah's Do's:

- Do focus on the why behind the attitudes and perspectives the jurors are sharing

- Do listen more than you talk

- Do be balanced and neutral

- Do video all witnesses at deposition to test in focus group jury research

- Do test your case early and often - apply the scientific method

Watch the video of this episode here: https://youtu.be/dT4Mh3RAXQ0

James Smith, Senior Technology Consultant with IMS Legal Strategies, joins Steve Wood, Ph.D. to discuss trial tech. James describes his responsibilities as a Hot Seat operator before and during trial. James and Steve talk about the different ways that attorneys work, meeting their diverse expectations, and how he prepares for different scenarios at trial. James shares a couple of war stories from trials and also provides tips for attorneys on how to help make the process of working with Hot Seat operators as smooth and impactful as possible. Watch the video of this episode here: https://youtu.be/E4LMBv2IPus

Endondist Chanelle Small, DDS joins Bill Kanasky, Jr., Ph.D. to talk about her experience as an expert witness on dental malpractice cases. Dr. Small describes the most common types of dental malpractice cases she sees and how she approaches the reviews that she is asked to do, particularly when there are questions about causation. She also shares a couple of stories of wild cases she has worked on as well as her experience with testifying. Lastly, Dr. Small talks about how she explains complex dental terminology and topics to jurors, the difference between working with defense attorneys and plaintiff attorneys, and answers a speed round of questions about dental health. Watch the video of this episode here: https://youtu.be/zl568PD5XBE