The Litigation Psychology Podcast - Episode 234 - The Danger With Witnesses Who Guess

Bill Kanasky, Jr., Ph.D. talks about the biggest mistake witnesses make during testimony: guessing. Bill describes why this happens, even in light of clear direction to not guess, and how to address it. Bill talks about the attention/behavior gap which is driven by the brain's native neurocognitive wiring and explains the two categories of reasons why witnesses guess: internal and external reasons.  Internal factors: 1. Witnesses experience shame and guilt for not knowing or not remembering something; 2. Witnesses don't want to hurt the case and/or want to win; 3. Witnesses have a fear of punishment. External factor: Plaintiff counsel. Lastly, Bill covers the four things your witnesses cannot say during testimony: 1. "I think..."; 2. "I believe..."; 3. "I assume..."; 4. "I probably....". Watch the video of this episode: https://www.courtroomsciences.com/r/UFC