Newsletter

Liability Defense Panel Attorney Summit Held in August

By Paul Zeglovitch, Claims and Insurance Director

The California JPIA held its annual Liability Attorney Summit on August 20, 2024, at the Authority campus in La Palma. The event offered the Authority defense counsel an opportunity to come together to learn and collaborate, with more than 65 participants this year. Dr. Bill Kanasky of Courtroom Sciences Inc. (CSI), an industry leader in the study of litigation psychology, witness testimony, jury selection and behavior, and case themes, presented the day’s curriculum.

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He began by discussing the psychology of witnesses during depositions and trials. His lecture focused on techniques used by plaintiff attorneys to force witnesses to make admissions and lock themselves into positions that can then be criticized. Proper preparation helps witnesses rehearse their responses to avoid such traps.

The discussion progressed to highlight the importance of focus groups in high-exposure cases and the insights they can bring by providing counsel with feedback on defense and plaintiff presentations and evidence. The critical feedback helps build a theme for the defense case by emphasizing what resonates, making the focus group a valuable “test run.”

Dr. Kanasky discussed the frequent use of reptile tactics by plaintiff attorneys throughout litigation and at trial. The plaintiffs’ bar has spent considerable time and effort educating each other and adopting similar strategies to change the litigation playing field. Over the last decade, there have been more unreasonable demands, alleged Traumatic Brain Injuries (TBIs), and resistance to negotiations on cases that provide for the recovery of plaintiffs’ attorneys’ fees and more.

To succeed against this concerted effort by the plaintiffs’ bar to reshape litigation, the defense must proactively involve experts like Dr. Kanasky and CSI. California JPIA defense counsel has full authorization to use CSI on high-exposure cases, and we are excited about this new partnership.

Attorneys in attendance provided positive feedback regarding the strategies and psychology Dr. Kanasky shared, leaving the panel with renewed optimism about having a valuable ally moving forward. The California JPIA will host future training events with Dr. Kanasky in the coming years. If you have any questions, please contact Claims and Insurance Director Paul Zeglovitch.

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