In this episode of the Litigation Psychology Podcast, Bill Kanasky, Jr., Ph.D. talks about common missteps in litigation and explains why defense teams must “stop losing before they can start winning.” He argues that many losses stem not from case facts but from preventable mistakes, as the plaintiff’s bar continues to be proactive while the defense often remains reactive.

Bill highlights three key areas for improvement: early and accurate case assessment via frequent jury research, early witness evaluation to address psychological and emotional issues, and early deposition preparation using neurocognitive remapping and systematic desensitization to ensure witnesses are protected from cognitive autopilot issues and plaintiff attacks. By eliminating these common errors, defense teams can significantly reduce the risk in their cases and position themselves for more consistent wins.