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The Litigation Psychology Podcast - Episode 166 - Bad Words and Good Words in Testimony

The Litigation Psychology Podcast - Episode 166 - Bad Words and Good Words in Testimony

FromThe Litigation Psychology Podcast


The Litigation Psychology Podcast - Episode 166 - Bad Words and Good Words in Testimony

FromThe Litigation Psychology Podcast

ratings:
Length:
19 minutes
Released:
May 15, 2023
Format:
Podcast episode

Description

Dr. Bill Kanasky, Jr. talks about a list of words that the brain normally doesn't think of as bad words but which can be really bad words if a witness says them, or agrees to them, in deposition or trial testimony. These are trap words that lock witnesses into inflexible positions and are a big reason why witness effectiveness training, prior to testimony, is crucial to litigation success.
The Bad Word List (aka the anti-reptile word list): always/never; must/should; required/obligated/duty; insure/guarantee; every/everything/all; any/anything; risk/danger/harm/safety; well-being; priority; important; prevent; deviate; breach; violate. Each of these words eliminate judgment and circumstances and if written in policies and procedures can get you into trouble precisely because they remove judgment from the equation.
The Good Word List (words to use when appropriate during testimony): judgment; training; experience; appropriate; reasonable; sufficient; circumstances; situation.
Words that are "Middle of the Road" Words (not necessarily good words nor bad words; use judiciously): potentially; maybe; possibly; sometimes; not necessarily.
Released:
May 15, 2023
Format:
Podcast episode

Titles in the series (100)

The Litigation Psychology Podcast presented by Courtroom Sciences, Inc. (CSI) is for in-house and outside defense counsel about the intersection of science and litigation. We explore topics of interest to the defense bar, with a particular emphasis on subjects that don‘t get enough attention. Our hosts are Ph.D.-level Social Scientists, Clinical Scientists, and Psychology Experts with a wealth of knowledge about science, research, human behavior, and decision making, which they apply in the context of civil litigation.