Author Archive | David Fauss

What is Old is New Again

A Point of View

David H. Fauss, M.S.M.

On December 23, 2021

Category: Jury Consultants, Jury Research, Litigation Consultants, Litigation Research, Litigation Tips, Magnus, Magnus Research, Trial Consultants

A client recently told me about a continuing legal education program he attended and the new information contained in the seminar. He kindly shared the information on the use of visual evidence and my reaction was, despite his enthusiasm for this “new” information, it isn’t new. What struck me is how often, in the more […]

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Another View

Melissa Pigott, Ph.D.

On December 23, 2021

Category: Jury Consultants, Jury Research, Litigation Consultants, Litigation Research, Litigation Tips, Magnus, Magnus Research, Trial Consultants

I do not expect attorneys and other non psychologists to be informed about psychological phenomenon.  Just as I, a psychologist, am not up to date about the latest advances in astrophysics, it comes as no surprise that most people are relatively ignorant about psychology.  Our well meaning client shared with David the latest drivel about […]

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What’s Your Alibi?

A Point of View

David H. Fauss, M.S.M.

On December 16, 2021

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

Do you have an alibi? Do you need an alibi? We’ve all seen it on TV. If you are innocent, you have an alibi. If you don’t have an alibi, you are suspect #1. What were you doing on the evening in question? Do you remember? Probably not. In life one goes from hour to […]

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Another View

Melissa Pigott, Ph.D.

On December 16, 2021

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

I am thrilled that David not only read an article from one of the psychology publications to which I subscribe, but enjoyed it to the point it inspired this post!  It’s wonderful to me to share psychology with someone who appreciates the unique perspective it offers!  As for alibis, the media have done another disservice […]

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You Will Get Fired if: You Steal!

This is the last in the “you will get fired” series (I hope). Even when the employee does something bad, like stealing, going through the conflict of termination is unpleasant, not satisfying. In owning a small business, there are ways employees “steal” from the company. I’ve been remembering about a direct financial theft we suffered […]

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Reading this series of posts about reasons for firing an employee might give the reader the impression that David and I have had terrible luck with our employees.  If so, I want to explain that, to the contrary, we have had many wonderful employees in our almost 30 years of owning and operating Magnus.  I […]

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You Will Get Fired if: You Talk Back!

Sometimes, lessons from your mother go a long way. Unfortunately, not everyone learns those lessons. As I’ve been pondering some of our termination experiences, I recall a few instances when the problem was friction between an employee and me, or more concerning, between the employee and the “big boss,” Melissa. We have had a few, […]

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David and I have told countless people about the employee who, after being fired for insubordination, refused to leave.  It is beyond me to understand why anyone, knowing he/she is unwanted, would stay around, but that is exactly what this creepy guy did.  Until the deputy from the Broward County Sheriff’s Department showed up at […]

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You Will Get Fired if: You Forget to Press Record!

Few things are as important in our mock trials or focus groups as recording the presentations and, more importantly, the deliberations or participant discussions. We’re not in the video production business, but it sometimes seems that way because we have to capture the video, and particularly, audio, from our research sessions. This is a pretty […]

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Oh my!  Words I never want to hear during a mock trial, focus group, or any other type of research for a client are “Dr. Pigott, I forgot to press record when the mock jurors started deliberating.”  I particularly dislike hearing these words via a walkie-talkie while I am in the presence of the clients […]

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You Will Get Fired if: You Can’t do the Job!

This will be the first post in a series about being fired. I can’t believe I didn’t write these sooner, but it is not a happy topic. I put it on the list of things to write about many years ago, just never bothered until I, once again, had to terminate someone. For some people, […]

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Here we go again.  I frequently quote the psychological phenomenon regarding the requirement of both ability and effort to achieve successful task completion.  If one or both components are lacking, a task will not be completed successfully.  That is, if one has the ability to perform a given task, but one puts forth no effort […]

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Technical Difficulties

Many of us are old enough to remember when one of the 3 television networks (yes, there were only 3 at one point) had technical difficulties and the screen went gray with a sign that said something like, “Please stand by. We are having technical difficulties.” The world has changed; now we have lots of […]

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I can’t believe we are writing a blog about a blog!  Things have gotten so bad with our blog that, after 8 years of bi-weekly posts, I’m close to throwing in the towel.  There are lots of things that happen behind the scenes after David and I write our respective parts of each post.  One […]

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Being Rich

Two recent things prompted me to write this post. This post is mostly about the first of these, the loss of a long time friend of over 40 years named Vince. COVID cut his rich life short. The second thing was a conversation I had with another friend who is rich – financially. These things […]

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Characterizing someone as rich only because he or she has a lot of money misses the point, in my opinion.  My mom used to describe herself as “rich” because to her, she was rich as a child of God while she lived her life on Earth awaiting her heavenly home with streets paved of gold.  […]

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Everyone you meet knows something you don’t know

“Everyone you meet knows something you don’t know.” This was the text of Facebook post I saw recently. And, my first thought was, of course they do, they know their name, address, hometown and many other personal details. But, as I thought about it, I realized how true this is on many levels. Everyone has […]

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David’s writing reminds me of the childhood taunt, “I know something you don’t know.”  It’s true; I do know something, many things, you don’t know.  It is equally true that you know something I don’t know.  It isn’t possible for any of us to know everything about everything.  Meeting someone in one’s field of study […]

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Making Friends

A recent email conversation with a friend, Tom, made me think about a fact of life that has some unfortunate consequences. As adults in the working world, we typically relate to each other on a single dimension, that of work. Whatever the work relationship, co-workers, client/consultant, or otherwise, our interactions are narrow in comparison to […]

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Luckily for me, I have always made friends in every kind of situation.  David’s friend, Tom, is an attorney at a large law firm, but neither David or I knew this when we met him while sitting next to each other at a RUSH concert.  David and I also met another, prominent and high profile, […]

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