Archive | Litigation Tips

The Sound of Silence

“The Sound of Silence” (originally titled, “The Sounds of Silence”) was written by Paul Simon, recorded by Simon and Garfunkel in 1965, and covered in 2015 by the band Disturbed. The premise of the song, according to Art Garfunkel, is the inability of people to communicate with each other in a meaningful way, resulting in, […]

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The meeting that inspired this series of posts was not quiet; there was little silence.  But, there may as well have been silence because the words being spoken were drifting into the ether with the hot air being expelled as they were spoken.  It was a surprising disconnect.  I know there were some explanations for […]

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The more you talk, the more you’ll convince me you have nothing to say

The more some people talk, the less they have to say about anything important. And, the more some people talk, the more I am convinced they have nothing to say. We have all met people who chatter on and on, saying many words about nothing in particular. Some people have “the gift of gab” and […]

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The last sentence of Melissa’s post is a variation of one of those things that everyone’s mother says to their children, or used to do so, “If you can’t say anything nice, don’t say anything at all.”  But that virtue has gone by the wayside in a world where the presidential candidates fight it out […]

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Marketing Research and Trial Consulting – The Connection

A Point of View

David H. Fauss, M.S.M.

On October 6, 2016

Category: Litigation Tips, Marketing your Business, Trial Consulting

Over the years we have used different ways to explain what we do, as trial/jury consultants for our attorney clients and their clients. One analogy which has resonated with most people is marketing research. Especially when the “end” client is a business person, the concept of marketing research is familiar. Whether it is a focus […]

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Another View

Melissa Pigott, Ph.D.

On October 6, 2016

Category: Litigation Tips, Marketing your Business, Trial Consulting

I frequently lecture to law firms, lawyers seminars, insurance company seminars, and other audiences. One of my most frequent lectures is entitled, “Utilizing Psychological Science in the Litigation Process.” At the beginning of this presentation, I review the four disciplines on which trial/jury consulting is based: (1) marketing research; (20) social psychology; (3) cognitive psychology; […]

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Mind Games

A Point of View

Melissa Pigott, Ph.D.

On October 4, 2016

Category: Getting the Job Done, Getting Through Life and Work, Life Outside of Work, Litigation Tips, Trial Consulting

“Mind Games” is the title of John Lennon’s fourth studio album, as well as the name of the song that is the title track. It was released in the fall of 1973. The expression, “mind games” is usually defined as a psychological tactic used to manipulate and/or intimidate someone, however, John Lennon’s lyrics for the […]

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Another View

David H. Fauss, M.S.M.

On October 4, 2016

Category: Getting the Job Done, Getting Through Life and Work, Life Outside of Work, Litigation Tips, Trial Consulting

Because Melissa is a psychologist, it has been fun over the years to watch people’s reaction to learning this. The question, “Are you psychoanalyzing me?” has been a frequent one. Perhaps as a mind game, and depending who is asking, she often says “Yes.” Truth is, at some level, she can’t help it. But the […]

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Telling the end client they need a new attorney

A Point of View

David H. Fauss, M.S.M.

On September 15, 2016

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

One of the strangest outcomes of mock jury research is the realization, and documentation, that the attorney for whom we were working was not up to the challenge. Though we never anticipated this would occur, it has. And, it has happened more than once. The first time I recall this happening was when we were […]

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Another View

Melissa Pigott, Ph.D.

On September 15, 2016

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

The majority of Magnus’ clients are attorneys who have super sized egos. Some of our clients’ egos are well deserved, in that they are stellar advocates on behalf of their clients. Other attorneys seem to have a self conception that does not match their accomplishments. (I am well aware this happens among people in other […]

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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 […]

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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, […]

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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, […]

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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 […]

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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 […]

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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 […]

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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. […]

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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 […]

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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 […]

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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 […]

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