Archive | Litigation Research

When losing is winning. Part 1.

Everyone wants to win, right? This post is being written to say winning isn’t everything. At least not in a mock trial. Regardless of whether it is a mock jury, mock arbitration, mock bench trial, or whatever, the process is not about winning. It is about debugging the case. It is about finding the problems […]

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The purpose of mock trials is not to “win,” rather, the purpose of conducting any type of litigation research is to assess the strengths and weaknesses of a case. In the decades I have been conducting pre-trial, pre-mediation, and pre-arbitration research for attorneys, I have worked with numerous clients who “get it,” and who truly […]

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Why do we do this anyway?

I’ve been writing a number of posts recently that contain quite a bit of negativity. Negative events, negative people, me griping. I realized that some might question why Melissa and I do what we do – why we chase attorneys, why we work in such a contentious world. Some people we know can’t imagine working […]

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I became a psychologist to help people. Although I am not a clinical psychologist who helps patients overcome various psychological maladies, in my job as a social psychologist who consults with attorneys, 100% of what I do is aimed at helping those in need. I like to help people. I like to make a difference […]

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Better Safe than Sorry

A client of ours recently told me his motto was better safe than sorry. This was in the context of setting a meeting and allowing adequate time for Miami traffic – which can be a real challenge. But, his motto is something I’ve often thought about and attempted to use, tactfully, with potential clients who […]

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I am a firm believer in the motto, “better safe than sorry.” I am a careful, conscientious person who checks, then re-checks, then re-checks my work, in an attempt to prevent errors. Many of Magnus’ potential clients, however, prefer to “fly by the seat of their pants” then hope for the best outcome, sometimes having […]

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Racism is Alive, but Not Well

A Point of View

Melissa Pigott, Ph.D.

On July 24, 2018

Category: Getting Through Life and Work, Life Outside of Work, Litigation Research, Magnus, Magnus Insights, Magnus Research, Psychology

I have written several posts about my experiences with sexism, both in work and personal situations (for example, most men’s reactions to seeing my bass guitars, assuming they belong to David, due to the mere fact David is a man and I happen to be a woman, a woman who plays the bass!). Because I […]

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Another View

David H. Fauss, M.S.M.

On July 24, 2018

Category: Getting Through Life and Work, Life Outside of Work, Litigation Research, Magnus, Magnus Insights, Magnus Research, Psychology

One doesn’t have to look hard, even in 2018, to see overt racism. It might be obvious in Charlottesville, or it might be subtle, or not so subtle, as in many political discussions. While getting beyond the battles of the civil rights era is important, moving forward has proven difficult in the United States. Maybe […]

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The Law of Perpetual Motion

Busy seems to beget busy. And sometimes that “busy” maybe just doing things when time is seemingly available to fill the time. Then, when doing those things, real work happens. For example, a few weeks ago, I attempted to arrange a client meeting in Miami. Nothing happened, the scheduling just didn’t come together and it […]

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I don’t know if my perception is accurate, but it sure seems like not much happens when David and I are sitting around the office, wondering when our next case will come in. We have countless examples of “the law of perpetual motion” in our business lives, from the time, early in our owning Magnus, […]

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Busy is Good!

Being busy is a good thing when you own your own business, law practice, etc. I find it interesting, though, that other people do not share my perspective. From time to time, when speaking with someone who doesn’t quite appreciate that busy is good, I try to understand why. When this happens, the person to […]

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Busy is good. In fact, being busy is great! As the co-owner of a business, I am keenly aware that the only way we can survive, in the long term, is by being busy more often than not having work to do. Of course, as in most businesses, our work volume ebbs and flows, often […]

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Why football is not part of my existence

Recent conversations with a few childhood friends led me to reflect on the reasons why I am not a football fan. As with many things in our lives, experience, familiarity, and habits are often formed early and they remain with us as we age. I grew up in a family in which baseball was king. […]

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I think there are reasons to be a football fan, a baseball fan, a NASCAR fan, or a rock and roll fan that go beyond having to work. I’m sure there are people studying theories of “fanness,” including those of medieval sporting events, of cheering the knight carrying the colored banner of “your” side. Or, […]

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Checking the Price Tag

A Point of View

David H. Fauss, M.S.M.

On June 28, 2018

Category: Jury Behavior, Jury Deliberations, Litigation Research, Magnus Insights, Magnus Research, Psychology, Trial Consultants, Trial Consulting

The old adage “if you have to ask the price, you can’t afford it” doesn’t apply to litigation. In part, this is because, especially in the context of civil litigation, affordability is not decided by the buyer. Buyers (insurance claims adjusters, for example) usually operate as if there is no price tag to check. We […]

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Most people are interested in knowing the price of something before they buy it. Typically, when the cost of an item is substantial, for example, the cost of a house, the buyer is keenly interested in knowing the factors that are important determinants of the cost, such as neighborhood, comparable sales, re-sale potential, etc. Litigation, […]

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Lawyers play chess; jurors play video games

I “appropriated” the title of this post from a litigation graphics consultant I heard speak recently at a Florida Bar function. I thought she was on to something with this simple, contrasting, perspective. Litigation is a “game” of strategy, and like good chess players, litigators are good at these strategies. They can move all of […]

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There are many variations on the theme about which David has written. Lawyers play chess, while jurors play video games. Lawyers play golf, while jurors watch NASCAR. Lawyers drink fine wine, while jurors drink Budweiser. Lawyers drive Mercedes-Benz automobiles, while jurors drive Ford pick up trucks. Etc. Etc. Etc. The point of these endless, and […]

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People with Mental Health Issues Don’t Act “Normally”

Mental health, and the absence of mental health, are largely misunderstood by the general public. In that mental health concerns, including the rapidly increasing rate of age related dementia, are common within our society, it is time for people to come to terms with the variety of signs and symptoms of cognitive crises. There are […]

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As a psychologist, Melissa is acutely aware of mental health issues. However, in the last 10 or so years, the personal nature of her, and my, observations of mental health issues has grown, sadly, exponentially. This has included dementia related health issues of family and friends, as well as other mental health problems of family […]

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