The Litigation Psychology Podcast - Episode 169 - Preventing Nuclear Settlements at Deposition

The Litigation Psychology Podcast

Steve Wood, Ph.D. & Bill Kanasky, Jr., Ph.D. talk about their latest paper published in CLM Magazine on Preventing Nuclear Settlements at Deposition and the dangers of pivoting during deposition. Steve and Bill discuss the risks to witnesses who are encouraged by defense counsel to pivot during testimony and how cases where witnesses are told to pivot settle for higher amounts than they should. They talk about the strategic and economic risks of pivoting and how a witness that pivots during their deposition is providing a direct benefit to opposing counsel. Steve and Bill describe how effective witness deposition training is predicated on a concept they call 'Embrace & Reject' and how important it is to avoid amygdala hijack during testimony.