Archive | Litigation Tips

Story telling

A Point of View

Melissa Pigott, Ph.D.

On December 15, 2015

Category: Careers, Getting the Job Done, Litigation Tips, Trial Consulting, Work-Life

One of my responsibilities when helping my clients (all of whom are trial lawyers and litigators) is to suggest ways in which they can tell the story of their case, to captivate the attention of the jury, mediator, arbitrator, or judge. Almost everyone is familiar with story telling as a way of conveying information, but […]

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Another View

David H. Fauss, M.S.M.

On December 15, 2015

Category: Careers, Getting the Job Done, Litigation Tips, Trial Consulting, Work-Life

Unfortunately for the characters in the very real life stories surrounding many of the cases we handle, the endings do not result in living happily ever after.  Thus, the stories told to our mock jurors are often tragic.  But, regardless of the facts of the situation, the way in which the story is told by […]

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2 or 4 Groups?

A Point of View

David H. Fauss, M.S.M.

On September 10, 2015

Category: Business Frustrations, Careers, Employment, Getting the Job Done, Litigation Tips, Managing Employees, Small Business Success, Trial Consulting

There are at least 2 parts of the question which is the title of this post, “2 or 4 groups?”. Part 1 is the research question, and, it could be, is it 2 or 3, 4,…10, or more groups? The question is one we work through with clients when planning their mock jury/mock arbitration research. […]

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Prospective clients often ask, “So, how much is all of this going to cost?” to which I reply, “It depends on how much you want to know.” This answer may, at first, seem trite, but I do not intend it to be. I immediately follow this response with an explanation of how the cost for […]

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Data driven litigation

A Point of View

David H. Fauss, M.S.M.

On September 3, 2015

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

More and more, there are articles about “big data” and how businesses are “data driven.”  I find some of the applications for data analysis interesting and innovative.  However, what is striking to me is that many of these articles are written as if this is new news.  Maybe some of it is, but to me, […]

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Another View

Melissa Pigott, Ph.D.

On September 3, 2015

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

In my profession of social psychology, it is impossible not to be data driven! Data are the primary source of information I use to perform my job on behalf of my clients. I share David’s bemused attitude regarding recent media accounts of “big data” and companies becoming “data driven,” along with his recognition that these […]

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See what is there to be seen

A Point of View

Melissa Pigott, Ph.D.

On August 25, 2015

Category: Careers, Getting the Job Done, Getting through life and work, Litigation Tips, Small Business Success, Travel, Trial Consulting, Work-Life

Just as many people are unable to listen, really listen, many people look without really seeing. I have always been a keen observer of my surroundings, including people and places. If I have gone to a place once, I know how to get there again. To place it in medical terms, I am oriented times […]

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As a photographer, I try hard to see what is there to be seen. This can be difficult when one doesn’t know what one is looking for. But, with a little effort, what is there to be seen emerges, on a macro or micro level. I have heard people say, “the Everglades are boring, there’s […]

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“You never know what a jury will do…”

A Point of View

David H. Fauss, M.S.M.

On August 20, 2015

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

I was recently a plaintiff in a lawsuit. I have been the client of lawyers a few times – a real role reversal for a trial consultant – and it is eye opening to see how the attorneys interact with their clients, and how the process works. The nature of my case is not important […]

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Another View

Melissa Pigott, Ph.D.

On August 20, 2015

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

The point of this post is “know your audience.” I was present when the mediator assigned to David’s case made the remark about settling the case due to never knowing what a jury will do. Although it is technically true that no one, included experienced jury and trial consultants such as myself, will know with […]

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Listen – really listen

As a psychologist, I am a paid listener. I listen more than I talk. I learn far more from listening than from talking. Most people, in my opinion, talk far more than they listen (and rarely do they have anything of great importance to say!). If one listens, really listens, there are many details that […]

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It is interesting to be an observer both of people (like our mock jurors) and of people’s listening skills (like our attorney clients). Attorneys are paid to talk, to argue, to persuade. But, when they come to us and we do mock jury or mock arbitration research, they have to utilize their listening skills when […]

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Don’t hire me just to make you look good; it might not work out like you planned

A Point of View

Melissa Pigott, Ph.D.

On February 17, 2015

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

Recently, a long time client accused me of being overly critical of his clients’ case. It seems that this client, a well respected attorney, and his law partner, another well respected attorney, were displeased that I did not perceive their case in the same positive light as they and their clients (attorneys for a huge […]

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Another View

David H. Fauss, M.S.M.

On February 17, 2015

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

The scenario Melissa described is one in which the “truth hurt.” And, for whatever reason, our attorney clients had not been as honest and open with their clients as they probably should have been. In addition, the lack of preparation on the part of a very busy, well respected, trial attorney was shocking. Don’t misunderstand […]

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Force Feeding Employees

A Point of View

David H. Fauss, M.S.M.

On September 18, 2014

Category: Business personalities, Careers, Employment, Litigation Tips, Managing Employees, Small Business Success, Trial Consulting, Workplace Technology

Force feeding certainly has a negative connotation and perhaps isn’t the best connotation in a work environment.  But, sometimes you have to really push employees to do things and to do them in a way you, their boss, want them done.  In recent years, one of the things I have had to force has been […]

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The older I get, and the more experience I have as a social psychologist, the younger and more inexperienced my employees appear to me. Work tasks they are completing for the first time are often tasks I have been performing for decades. Things that are second nature to me are sometimes difficult for them. Because […]

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Benchmarks for Lawyers, part 2

A Point of View

David H. Fauss, M.S.M.

On June 25, 2014

Category: Getting the Job Done, Litigation Tips, Small Business Success, Trial Consulting

When writing part 1 of the post on benchmarks, it occurred to me that some people might ask if there are other benchmarks for service businesses/practices.  In fact, we have been asked many times over the past 20+ years about our “success rate.”  This is always a difficult question to answer because the answer, as […]

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Another View

Melissa Pigott, Ph.D.

On June 25, 2014

Category: Getting the Job Done, Litigation Tips, Small Business Success, Trial Consulting

David mentioned the benchmark of client satisfaction as an indicator of our success on a particular case. As in any service based business, Magnus’ satisfied clients are the best source of revenue for our business.  The primary way we have always obtained new cases on which to consult is from past clients whom we helped […]

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Benchmarks for Lawyers, part 1

A Point of View

David H. Fauss, M.S.M.

On June 20, 2014

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

In the business world, the concept of benchmarks is well understood.  A benchmark is a way to measure productivity and performance.  A benchmark may take the form of a production or sales quota.  But, when dealing with performance in a service based practice – trial consulting or practicing as a lawyer – conceiving of benchmarks […]

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Another View

Melissa Pigott, Ph.D.

On June 20, 2014

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

Many attorneys have asked me to provide a list of cases on which I have worked that proved the case outcome was improved due to my and my company’s involvement.  As David points out, there is are no available means for me to provide this information because I do not know what would have happened […]

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