Preventing Amygdala Hijack at Deposition in the Reptilian Era

J. Thaddeus Eckenrode

Eckenrode-Maupin, Attorneys-at-Law

Dr. Bill Kanasky, Jr.

Courtroom Sciences, Inc.

On-Demand: August 19, 2022

$195.00 2 hour CLE

MCLE Credit Information:

Select Your State Below to View CLE Credit Information

Can't Decide Which CLE Program?

Access All
myLawCLE Programs
Only $395^yr

Annual Subscription includes access to:

500+ Live CLE Webinars
National Hot Legal Topics
New Laws and Regulations
State Specific Programs
All Formats: Live, Replay, & On-Demand

Subscribe Today

Program Summary

It is exceptionally rare that a defense witness “wins” the case through his or her deposition testimony. Indeed, it is far more likely that the testimony of the defense witness will “lose” the case during the deposition. Mock jury data clearly illustrates that a witness who consistently “pivots” or preemptively tries to “beat the questioner to the punch” to score points for the defense at deposition is often described as “dodging” and “sidestepping” questions. The witness brain is inherently wired to defend itself in the face of an adversarial examination and unfavorable case facts. That defensive survival response, resulting from subcortical amygdala activation (Amygdala “Hijack”), comes in the form of forced explanations designed either to defeat the questioner (fight), reframe the issue or “put lipstick on a pig” (flight), or pivot to a different issue (evade). A witness’s ability to control emotion depends on having the capacity to modulate negative emotional responses through cognitive-emotional strategies, which will be covered in this program. Additionally, this program will also include the very latest updates on the plaintiff Reptile Revolution efforts across the country, and the various defense methods being used to defeat it at every phase of litigation.

Key topics to be discussed:

What is the amygdala and how does it “hijack” defense witness testimony at deposition and trial
How to identify and prevent amygdala hijack with key defense witnesses
Juror perceptions of witness “pivoting” vs. embracing conduct and facts during examination
Objectives of fact vs. expert witness testimony
Key updates on the latest Plaintiff Reptile Attorney tactics and methods

Closed-captioning available

Speakers

J. Thaddeus Eckenrode | Eckenrode-Maupin, Attorneys-at-Law

J. Thaddeus Eckenrode is the founder, managing officer, and chief trial attorney of Eckenrode-Maupin, Attorneys-at-Law, a boutique St. Louis-based insurance defense firm practicing in Missouri, Illinois, and Kansas. He focuses on the defense of high-stakes and complex tort litigation in both state and federal courts, with an emphasis in the areas of medical malpractice, civil rights (correctional medicine), wrongful death, nursing home and product liability litigation. Mr. Eckenrode has completed over 90 jury trials to verdict in various courts throughout the states of Missouri and Illinois. He carries the AV “Preeminent” rating by Martindale-Hubbell and is listed in both Best Lawyers in America and SuperLawyers in the areas of Medical Malpractice Defense and Personal Injury Defense, and was the 2018 St. Louis “Lawyer of the Year” in the area of Medical Malpractice Defense.

Mr. Eckenrode is a graduate of Siena College in Albany, New York, and received his JD from Washington University School of Law in St. Louis. He has authored a number of articles published in various national legal and professional publications, as well as a book chapter on issues related to correctional medicine and civil rights claims. He is a frequent speaker at industry conferences and seminars across the country., and is a member of the Defense Research Institute, Missouri Organization of Defense Lawyers, American Society of Healthcare Risk Management, and was the national lead chair of the Medical-Legal Committee of the Claims and Litigation Management Alliance.

Dr. Bill Kanasky, Jr. | Courtroom Sciences, Inc.

Dr. Bill Kanasky, Jr. is Senior Vice President of Litigation Psychology for Courtroom Sciences, Inc. and a nationally recognized expert, author, and speaker in the areas of advanced witness training and jury psychology in civil litigation. He consults on more than 200 cases annually in the areas of defendant witness training, jury decision-making research, and jury selection strategy. His empirically based consulting methods are specially designed to defeat plaintiff “Reptile” strategies, which have resulted in billions of dollars of damage awards across the nation. He earned his B.A. in Psychology from the University of North Carolina at Chapel Hill, and his Ph.D. in Clinical and Health Psychology from the University of Florida.

Agenda

I. What is the amygdala and how does it “hijack” defense witness testimony at deposition and trial | 2:00pm – 2:30pm

II. How to identify and prevent amygdala hijack with key defense witnesses | 2:30pm – 3:00pm

Break | 3:00pm – 3:10pm

III. Juror perceptions of witness “pivoting” vs. embracing conduct and facts during examination | 3:10pm – 3:30pm

IV. Objectives of fact vs. expert witness testimony | 3:30pm – 3:50pm

V. Key updates on the latest Plaintiff Reptile Attorney tactics and methods | 3:50pm – 4:10pm