Archive | Litigation Tips

Gouge

I recently learned a new term, a term that appeared in a Facebook query by a friend (Robert, you know who you are.)  The term is “gouge” – not as in price gouging or destroying someone’s eyes, but it is apparently a term originating in the U.S. Navy which originally meant “the answers to the […]

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I have an excellent vocabulary, however, until I read the title of David’s post, I had never heard of the word, “gouge” defined as “inside information.”  I daresay that, once I finish writing this post, I will never again use “gouge” to mean anything other than its common dictionary definitions of “chisel” or “an excessive […]

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One Size Does NOT Fit All

When David and I founded our company, Magnus Research Consultants, we did so with the intention of providing our clients with high quality litigation research and consulting, customized to every case. It was, and still is, our view that there are: (1) no two cases that are exactly alike, regardless of their degree of similarity; […]

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Melissa’s post expands upon some of the comments I’ve made in this recent series.  In four years of writing this blog, it has been interesting to see what experiences we have that trigger blog posts, or a series of posts.  This email conversion experience surely has been an instructive reminder of how Melissa and I […]

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Too many lawsuits, too many lawyers…

All of us who work with, for, or who are, lawyers, have heard it over and over, “there are too many lawyers/lawsuits” or “lawsuits are frivolous.” Sometimes this includes a reference to McDonald’s and coffee, but it is a comment that we at Magnus hear often in some form. I heard it recently when asked […]

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I am constantly amazed by many people’s willingness to say and do things that dispel any doubt that they have no idea about the subject they are speaking. I have lost count of the number of times when, after revealing my occupation to a layperson, he/she immediately regales me with boring accounts of jury duty; […]

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Department of Justice Eyewitness Guidelines

A Point of View

David H. Fauss, M.S.M.

On July 6, 2017

Category: Getting the Job Done, Litigation Tips, Magnus, MagnusInsights, MagnusResearch, Psychology, trial consultants, Trial Consulting

As I noted in a previous post, research into eyewitness accuracy was a starting point in my business partner/wife’s study of psychology and the law. I suppose it is normal in the course of things that science, specifically psychology, was ahead of the law. Law is usually based on precedents, while social science is based […]

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Another View

Melissa Pigott, Ph.D.

On July 6, 2017

Category: Getting the Job Done, Litigation Tips, Magnus, MagnusInsights, MagnusResearch, Psychology, trial consultants, Trial Consulting

I will begin my part of this post by saying how impressed I am that David is interested in my colleagues’ and my research on eyewitness testimony. I am also glad that, after over 50 years of psychological research on this topic, the Department of Justice finally implemented procedures to enhance the accuracy of eyewitness’ […]

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Ready for War

A Point of View

David H. Fauss, M.S.M.

On June 29, 2017

Category: Business Frustrations, Getting the Job Done, Litigation Tips, Magnus, MagnusInsights, MagnusResearch, Trial Consulting, Trial Science

In the first few months of this year I have received several calls from attorneys looking to engage a trial consultant in what I consider to be ridiculously short time periods. Two cases will illustrate my point. First was a call from an associate attorney at one of the largest law firms in the state […]

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I will begin my part of this post by saying how thrilled I was to read David’s reference to a current rock band, Adelitas Way! I love classic rock and roll, but I love today’s rock and roll just as much. No offense to David’s favorite band, RUSH, or mine, The Beatles, but quoting a […]

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Judges are People Too

A Point of View

David H. Fauss, M.S.M.

On June 22, 2017

Category: Careers, Getting the Job Done, Litigation Tips, Magnus, MagnusInsights, MagnusResearch, Psychology, Trial Consulting, Trial Science

We recently wrote that lawyers are people too. It has been interesting for me to watch client reactions when Melissa occasionally finds herself needing to remind the attorney/clients that judges are people also. Once an attorney becomes a judge, and puts on the black (usually) robe, a new relationship develops between their former colleagues and […]

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Another View

Melissa Pigott, Ph.D.

On June 22, 2017

Category: Careers, Getting the Job Done, Litigation Tips, Magnus, MagnusInsights, MagnusResearch, Psychology, Trial Consulting, Trial Science

I cannot count the number of times I have said to an attorney, “Judges are people too,” only to have the attorney look at me first, with astonishment, then, upon reflecting on my comment, nod their agreement. I have presented many continuing legal education (C. L. E.) programs in which judges were among the audience. […]

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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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Pioneering Eyewitness Identification Research Confirmed

A Point of View

David H. Fauss, M.S.M.

On May 25, 2017

Category: Getting the Job Done, Litigation Tips, Psychology

In the early to mid 1980s, my business partner/wife was on a team conducting research in the realm of eyewitness identification.  The research was funded by the National Institute of Justice and the National Science Foundation and she, and the others on the team, evaluated different aspects of eyewitness identification.  One aspect of that research, […]

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Another View

Melissa Pigott, Ph.D.

On May 25, 2017

Category: Getting the Job Done, Litigation Tips, Psychology

As of this writing in 2017, it has been 45 years since the landmark Supreme Court decision, Neil v. Biggers (409 U.S. 188, 34 L. Ed. 401, 1972), in which social psychological research was utilized to specify five conditions to be considered in the evaluation of eyewitness identification evidence: (1) the opportunity of the witness […]

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Alternative Venue Research

In a prior post which I initiated, I wrote about how not to do jury research. That post was prompted by a call from a prospective client who wanted to hire us, but wanted to specify every aspect of the research, but all of those approaches were wrong in our estimation. Specifically, he wanted the […]

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There are valid reasons for conducting mock jury research in a venue other than the trial venue. As David pointed out, when the trial venue is in a sparsely populated area, it is sometimes risky to conduct jury research in the venue because: (1) there is a risk of “contaminating” the jury pool, meaning there […]

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Reducing Uncertainty

This post builds on the evolution of our experiences as trial consultants and goes further back in that history than a related post on a similar topic.  When Melissa and I first developed the marketing materials for our new trial consulting practice (in 1993), we started from scratch on everything.   In time, we developed […]

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As I have mentioned in previous posts, attorneys and psychologists have vastly different personalities and philosophies of life. As a social psychologist, I am, first and foremost, a scientist. Generally speaking, I require facts, figures, data, statistical analyses, and other science based information to make an informed decision about something important. Absent this type of […]

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