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The Litigation Psychology Podcast  

The Litigation Psychology Podcast

Author: litpsych

The Litigation Psychology Podcast presented by Courtroom Sciences, Inc. (CSI) is a podcast for in-house and outside defense counsel and insurance claims personnel about the intersection of science and litigation. We explore topics of interest to the defense bar, with a particular emphasis on subjects that dont get enough attention. Our hosts are experts in Clinical Psychology, Social Psychology, and scientifically-based jury research with a wealth of knowledge about psychology, science, jury research, human behavior, and decision making, which they apply in the context of civil litigation.
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Language: en

Genres: Business, Science, Social Sciences

Contact email: Get it

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#310 - Protecting the Cognitive Gap During Testimony
Episode 312
Monday, 11 May, 2026

Bill Kanasky, Jr., Ph.D. defines and describes the cognitive gap and why witnesses must protect this gap during testimony. Bill shares the brain science behind cognitive fatigue when maximizing cognition in a deposition and how a witness must be trained - not just told - how to practice and protect the cognitive gap. The training process requires teaching and practice in order to master the skills required to be successful during testimony, especially since opposing counsel's goal will be to get the witness to go faster and reduce the cognitive gap. The challenge for the witness is that the cognitive gap is uncomfortable so the witness must be neurocognitively trained to embrace the discomfort as that is the key to achieving a positive outcome in the deposition.

 

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