Archive | Litigation Consultants

O.J. Simpson’s Contribution to Trial Consulting

The topic of O.J. Simpson came up recently in a discussion I recently had about the world of trial consulting. The murder of O.J.’s former wife, and the subsequent trial, was one of the first televised celebrity mega trials. For better, or worse, almost everyone was aware of the accusations against O.J. in that case. […]

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O. J. Simpson has been vilified since the time he was accused of murder. David’s and my post is not intended as praise for O. J.; rather, it is written as an example of how one event, even a tragic one, can change other things which, at first glance, appear unrelated. I have no positive […]

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“You’re Not Cheap!”

I recently attended a meeting with an attorney, who is a client of mine, and the attorney’s client, the person who paid for my services. It is rare in my world of jury/trial consulting to attend a meeting that involves the “end client,” that is, the party to the litigation, as opposed to his/her/its attorney. […]

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Melissa was still laughing about this encounter when she returned from this meeting. We both chuckled about it after she shared it. She is clearly not cheap. I can attest to that! But, in the context of business, we have never had the goal of being cheap. We are often not the most expensive trial […]

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My Favorite lawyers are Gators: Kim, Pat, Charles, Suzanne, Buddy

As anyone who knows me, even slightly, will attest, I have never been a “school spirit” kind of person. No “rah rah, go team, go” for me. It’s just not who I am. When I decided to pursue my doctorate degree in psychology, I applied to 10 schools and I was accepted for admission to […]

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Melissa came to this realization not that long ago, and she had to admit the University of Florida must not be all bad. It is not that she is a “rah rah” Seminole fan, instead, it is only an ironic realization that these 5 attorneys, as well as others who are double or single Gators, […]

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“You’re Making Me Look Bad” (Because I Didn’t Read the Contract)

More often than one may think, I’ve been told by attorneys, who are the majority of our clients, that they never read our contract. This usually emerges when some detail “surprises” them. Yes, they received and later signed the contract to authorize our work. Yet, they often indicate that they did not see or understand […]

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It has been my experience, more often than not, when someone says “You’re making me look bad,” it is actually the case that the person saying this is making himself/herself look bad. Think about it. How many times has someone else made you look bad? Looking bad is something most people can do on their […]

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The Social Psychology of Etiquette

This third post in a series about good manners, courtesy, and kindness combines my education, training, and experience as a social psychologist with something with which I have always been fascinated: etiquette. Unlike almost everyone else I know, I love the rules of etiquette and I try, diligently, to follow them in everything I do. […]

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Melissa is much more of a student of, and teacher of, etiquette than am I. And she has taught me a thing or two in this regard over the past 30+ years. But, I had some other good teachers, including my mother, and another person about whom I wrote previously, Jon Peters. Jon corrected me […]

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Help the Jury Succeed

I subscribe to an email publication called the Jur-E Bulletin; it is published by the National Center for State Courts. It is a very informative publication and I recommend subscribing to it as you never know what tidbits will be there to be learned. Like a few other posts in our blog, this one was […]

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I have been working in the realm of psychology and law for decades and it has always seemed odd to me that many attorneys view jurors as their adversaries. I have heard countless remarks made by attorneys that denigrate the intelligence, motivation, and decisions made by juries. In addition, I have selected juries on hundreds […]

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Leaders

Leaders and leadership have been studied by social psychologists for decades. The most widely accepted definition of leader is a person who influences group activities. A leader is someone who uses social power to move others in a desired direction by getting other people to follow his/her suggestions or orders. Most people, at one time […]

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Organizational leadership is also a well studied field, but given our day to day work, I want to comment on the foreperson as leader fallacy that Melissa mentioned. As Melissa pointed out, forepersons are often nominated based on some form of experience. I was nominated as foreperson when I served on a jury because, after […]

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Impression Management, part 2: Snap Judgments

A recent article in the Wall Street Journal (January 31, 2018, page A9), “The Mistakes You Make in a Meeting’s First Milliseconds,” by Sue Shellenbarger, prompted me to think about first impressions in the courtroom. And, particularly, the jurors’ first impressions of the attorneys. While the attorneys’ first impressions of jurors and witnesses, both fact […]

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I routinely remark to the attorneys who are my clients that the jurors are the “only perfect people in the world.” That is, when one’s fate, and the fate of one’s client, rests in the decision made by a jury, the jury’s decision is final. Furthermore, the jury’s final decision may or may not be […]

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The New World Order

Melissa and I have attempted do two things consistently with the posts we write. First, we try to be tactful, and not insult anyone. Second, we strive to be timeless, not dating our posts by the topic. This post breaks the 2nd rule, but hopefully, not the first objective. The topic is what some have […]

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Although many people cannot agree about politics, most people will agree politics have divided us into “us and them” factions more than, perhaps, any time in recent history. All of the people who are “us,” whatever that means on a personal basis, believe all of the people who are “them” are wrong, while all of […]

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Bargaining and negotiation

Bargaining is a social psychological phenomenon that I observe in every mock jury research project I conduct. Rarely do the mock jurors reach unanimity without considerable back and forth discussions. According to social psychological theory, bargaining involves situations with the following characteristics: (1) the parties involved have divergent interests; (2) some form of communication by […]

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Bargaining and negotiation involve give and take. And, some people will do all the taking, and little of the giving. We all observe this in many human interactions. In a jury scenario, this reality takes on a specific life of its own. We see it all the time in mock juries as the mock jurors […]

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