Archive | Litigation Tips

Around by Tampa

As some readers of David’s and my posts know, I am a fourth generation Floridian who was “born and raised” in Fort Myers, on Florida’s Gulf coast. Fort Myers was a small town when I grew up and many things we needed, for example, specialty medical care, were not available there. My family spent quite […]

Continue Reading

I’m from the east coast of Florida, Jacksonville to be specific. Before I met Melissa, I had been to Tampa and a few other west Florida cities only a few times. I certainly knew the basic geography, but not necessarily the most efficient routes to get to places like Ft. Myers, or even Tampa. So, […]

Continue Reading

Do what you say

As a follow up to a post in which I quoted a line from Jimmy Buffett’s song, “Clichés,” “Say what you mean and mean what you say,” I will add another thought, “Do what you say.” Many people talk about doing something, but when it comes down to actually accomplishing what they have talked about, […]

Continue Reading

This is a topic Melissa initiated – that’s how these posts work. One of us generates the topic and then becomes the first author/blogger. The first author writes what ends up in the left column of the post, the second author then responds. Many times the right column posts follows or expands upon the left […]

Continue Reading

Red Flags when hiring a Trial Consultant, part 1. Predictability Claims

I recently had the opportunity to view some materials produced by a competitor for a client. In the materials, the competitor stated that a certain methodology they offered would predict the trial verdict with 90% accuracy if the case goes to trial (this is paraphrased, but is essentially what was claimed). As someone who has […]

Continue Reading

This is a “G rated” blog, so I will limit myself to saying there are many, many trial consultants who are full of IT (the astute reader will know what IT means in this context). Conducting small group research doesn’t predict any outcome with 90% accuracy. If it did, why would political polls assess opinions […]

Continue Reading

What is cognitive psychology?

A Point of View

Melissa Pigott, Ph.D.

On August 30, 2016

Category: Careers, Employment, Getting the Job Done, Litigation Tips, Trial Consulting

Cognitive psychology is the scientific study of perceiving, remembering, and thinking about the world.  Cognition includes all sensory inputs, such as vision and hearing.  In the early days of cognitive psychology, beginning with Ulric Neisser’s 1967 book, titled, Cognitive Psychology, sensations and perceptions were studied via experiments, skilled observation, and, to a lesser extent, introspection. […]

Continue Reading

Another View

David H. Fauss, M.S.M.

On August 30, 2016

Category: Careers, Employment, Getting the Job Done, Litigation Tips, Trial Consulting

Similar to my learning curve when meeting Melissa regarding social psychology, I also had to try to understand cognitive psychology.  I am glad today that I have some degree of understanding of both fields, given how much impact they have in our trial consulting work.  The truth is that knowledge of both fields expands far […]

Continue Reading

When we all think the same, watch out

A Point of View

David H. Fauss, M.S.M.

On August 25, 2016

Category: Business Frustrations, Careers, Getting the Job Done, Litigation Tips, Trial Consulting

I recently read a Wall Street Journal article with the same title as this post, “When we all think the same, watch out.” I smiled when I saw it because I was already thinking I could figure out where this was going. As it turned out, it related to the economy and the factors that […]

Continue Reading

Another View

Melissa Pigott, Ph.D.

On August 25, 2016

Category: Business Frustrations, Careers, Getting the Job Done, Litigation Tips, Trial Consulting

Groupthink is a dangerous social psychological phenomenon. It was first defined by Irving Janis in 1971 as pressures toward uniformity due to group members’ desire to agree with their leader. Groupthink is most likely to occur when: (1) the group is cohesive; (2) there are structural faults in the group (such as an absence of […]

Continue Reading

What is social psychology?

A Point of View

Melissa Pigott, Ph.D.

On August 23, 2016

Category: Careers, Employment, Getting the Job Done, Litigation Tips, Trial Consulting

When I tell people I am a social psychologist, I usually have to follow up with an explanation of what it means to be a psychologist who specializes in something other than counseling people with mental health issues (the purview of clinical psychologists). Social psychology is the scientific study of people in groups. Social psychology […]

Continue Reading

Another View

David H. Fauss, M.S.M.

On August 23, 2016

Category: Careers, Employment, Getting the Job Done, Litigation Tips, Trial Consulting

I admit that when Melissa and I met, I did not know how to define the sub fields of psychology.  I took a general psychology course in college and considered minoring it psychology, but with 3 majors I didn’t have time to add it.  However, as I got to know Melissa and learned more about […]

Continue Reading

Sharpening the Saw

A Point of View

David H. Fauss, M.S.M.

On August 18, 2016

Category: Careers, Employment, Getting the Job Done, Litigation Tips, Small Business Success

The last of the 7 habits discussed in the 1989 book by Dr. Stephen R. Covey, The 7 Habits of Highly Effective People is entitled “Sharpening the Saw.” This habit has been summarized as focusing on continuous growth and improvement. Dr. Covey focused on 4 areas of self-renewal: physical, social/emotional, mental, and spiritual. I read […]

Continue Reading

Another View

Melissa Pigott, Ph.D.

On August 18, 2016

Category: Careers, Employment, Getting the Job Done, Litigation Tips, Small Business Success

It is an irony of modern litigation that “trial lawyers” rarely go to trial. In fact, many of Magnus’ clients, all of whom are trial lawyers, have not had a jury trial in several years. Not only are these attorneys in danger of losing their edge in the courtroom due to an absence of practicing […]

Continue Reading

What if client isn’t ready; good; prepared; is drunk

A Point of View

David H. Fauss, M.S.M.

On May 26, 2016

Category: Business Frustrations, Careers, Employment, Getting the Job Done, Litigation Tips, Trial Consulting

In a quarter century of working with attorneys as our clients, while conducting mock trials and other forms of research, we have observed some great attorney presentations, some average ones, and occasionally, fortunately rarely, some very poor presentations. One of the worst things that can happen in our world of conducting mock trials is that […]

Continue Reading

Another View

Melissa Pigott, Ph.D.

On May 26, 2016

Category: Business Frustrations, Careers, Employment, Getting the Job Done, Litigation Tips, Trial Consulting

Fortunately, the majority of attorneys who retain Magnus for one or more research services are professional in their conduct, including taking our role in their case seriously. These attorneys are the backbone of our existence and without them, we would not be in business. There are many more attorneys, of course, who are “average” in […]

Continue Reading

Changed Litigation Mindsets

A Point of View

David H. Fauss, M.S.M.

On May 12, 2016

Category: Getting the Job Done, Litigation Tips, Trial Consulting

Melissa and I have been working with trial lawyers and litigators for 25+ years conducting mock trials and more on high stakes litigation. We have recently been reflecting on some of the changes we have observed and how significant, but perhaps subtle, some of them are in terms of their lasting impact. Certainly ADR, in […]

Continue Reading

Another View

Melissa Pigott, Ph.D.

On May 12, 2016

Category: Getting the Job Done, Litigation Tips, Trial Consulting

There are as many reasons to retain the services of organizations like Magnus as there are attorneys who litigate cases. However, all too often, consultants who assist attorneys with the human dynamics of litigation are “pigeon holed” due to erroneous perceptions about what we do. It has always been the case, since I began working […]

Continue Reading

Be nice to the Assistants and Associates

When we work with a trial team our client is the lead attorney. Though we own the company, we know the lead attorney is our boss, at least as far as that case is concerned. And, that boss is almost always the boss of many other people. Some trial teams have lots of lawyers, paralegals, […]

Continue Reading

I have never understood why some people have only enough niceness and courtesy to bestow on the people at “the top,” leaving none for the rest of those with whom they interact.  It is not the case, in my opinion, that there is a finite quantity of pleasant emotions, such that they have to be […]

Continue Reading

Powered by: BARD Marketing