Archive | Business Frustrations

When driving the boss’ car

For most of the two plus decades David and I have co-owned our business, we have had three vehicles: his primary car, my primary car, and the so called “company truck.” The company truck is, in reality, not owned by our company but instead, is co-owned by David and me just like our other vehicles. […]

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Driving the “company” car, or “boss,’” car is a privilege not given lightly. In our business, of course, we know about the liability issues that are also a part of the equation. But, you have to get the job done and, as Melissa said, we have always expected that common sense would dictate that an […]

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“No thanks” to Bad Clients

The older I get, the more I choose to spend time with nice people and the less time I choose to spend with mean people. My philosophy has evolved to include family members, spouses of family members, friends, spouses of friends, and clients. Even though clients, unlike the other categories of people I have listed, […]

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We are fortunate that we have encountered only a few clients who are so abusive as to be the bad ones Melissa described.  The worst one we have encountered was a scorched earth litigator, but in his world, this extended to even include everyone on his team – and to us.  But, his true self […]

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Trial Consultants We Have Known

In any industry, business, or practice, one gets to know one’s colleagues/competitors. And, we have, in the past 30 years, seen the gamut of the good, the bad, and the ugly. Melissa started her career with Litigation Sciences, Inc. and many of the consultants who were affiliated with LSI remain among the top consultants in […]

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In every occupation, there exists a range of people, from the truly excellent to the amazingly inferior. The world of trial consulting is no exception to this general rule. I have a Ph.D. in social psychology and, given that a Ph.D. is the highest academic degree that exists (including M.D., D.D.S., D.O., J. D., E.D. […]

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Clients are People Too

Clients are people too.  I repeat, clients are people too.  This may seem obvious to the astute reader, however, there have been many occasions on which I have had to remind my staff to treat our clients like people, instead of merely treating them like clients.  Magnus’ clients are high powered attorneys, insurance adjusters, risk […]

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On a research day it is a bit of a toss up who the most important people in the room are. The participants, i.e., mock jurors are critical to our projects. Without them we cannot do our work. But, without the clients, we have no work to do. Our support staff usually is comfortable with […]

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Entrpreneurial Hats

I don’t wear (real) hats that often, unless I’m going to be in the sun, or in the cold weather.  I have lot of hats, a habit of collecting them picked up from my Dad.  He has quite a collection, many of them from trucking companies or manufacturers.  In fact, as a child I thought […]

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David is right: I don’t wear as many hats in owning and operating our business as he does. My job primarily consists of preparing for research projects, for example, mock trials; conducting research; preparing detailed reports containing research results and recommendations for litigation strategies; supervising our research team; selecting juries; making presentations to lawyers, insurance […]

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Identity Crisis of Trial Consultants, Part 3: Jury v. Bench Trials or Arbitration

A Point of View

David H. Fauss, M.S.M.

On March 9, 2017

Category: Business Frustrations, Getting the Job Done, Litigation Tips, Marketing your business, Psychology, Trial Consulting, Trial Science

This is the final post in the series on the identity crisis of trial or jury consultants. In this post, I want to comment on the term “Jury Consultant.” Over the 25+ years of being in this field, in response to my self introduction, I have heard 2 other things. The first is, “…In my […]

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When I remark to attorneys that “Judges are people too,” they often reply, “No, they are not!’. All kidding aside, juries, judges, mediators, and arbitrators are people. They may have different backgrounds, but over the 4 decades I have been conducting research on humans, I have found people have more characteristics in common than differences. […]

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Identity Crisis of Trial Consultants, Part 2: Trials v. Mediation

A Point of View

David H. Fauss, M.S.M.

On March 2, 2017

Category: Business Frustrations, Getting the Job Done, Litigation Tips, Marketing your business, Psychology, Trial Consulting, Trial Science

This is part 2 of 3 on the identity crisis of “trial consultants” and this is where the crisis becomes more problematic.  When I meet attorneys and mention that I’m a trial consultant, many “get it” – they understand, especially if they have ever hired one of us.  But, some attorneys who have hired trial […]

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David mentions attorneys who don’t “get it” when it comes to understanding the valuable role of trial consultants in the litigation process. In my opinion, many attorneys who don’t get it actually do not want to get it; that is, they are fearful we will expose their weaknesses to their clients. Many attorneys wrongly believe […]

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Identity Crisis of Trial Consultants, Part 1: Trial v. Jury consultants

A Point of View

David H. Fauss, M.S.M.

On February 23, 2017

Category: Business Frustrations, Getting the Job Done, Litigation Tips, Marketing your business, Psychology, Trial Consulting, Trial Science

Various professions have identity problems. For example, when a “speech therapist” conducted a cognitive evaluation of my mom’s dementia, I had trouble understanding the connection. Even professions with seemingly solid identities, such as lawyers or doctors, are not precisely defined as to their specialty. For example, is the doctor a brain surgeon, general practitioner, or […]

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Another View

Melissa Pigott, Ph.D.

On February 23, 2017

Category: Business Frustrations, Getting the Job Done, Litigation Tips, Marketing your business, Psychology, Trial Consulting, Trial Science

When I am asked my occupation, I reply, “I am a social psychologist who helps attorneys prepare their cases for trial, arbitration, and mediation.”  I once told one of my cousins, who lives in a rural part of Florida, that I am a “jury consultant” and she remarked how wonderful it must be to work […]

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Common sense

Let’s face it: Some people have no common sense. Other people have some common sense and then there are those fortunate people who have an abundance of what is often referred to as “horse sense.” Like other personality traits, common sense is present on a continuum, with certain people having more than others. Life experience […]

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It has been interesting as an employer to observe the common sense, and intellectual sense, of employees – at all levels. As Melissa pointed out, a high degree of education often has no correlation with common sense. In fact, in the many years I have known Melissa, I have observed that some of her colleagues […]

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I Don’t Care about Research

This post was inspired by a recent encounter I had with a young, inexperienced attorney who told me she did not care about research results; instead, she preferred to base her decisions on her past experiences.  Wow!  Hearing this statement was shocking, in and of itself, but hearing it from a young person was, in […]

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Sticking one’s head in the sand and digging in one’s heels when faced with new information  are two bad behaviors.  Melissa related this story to me upon her return from the courtroom and it amazes me as much as it does her.  I don’t know whether it is because this attorney is young, and as […]

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