Author Archive | David Fauss

Not Telling Client About Proposal

Some of these posts are prompted by the puzzling events which occur when operating a business, especially one with high stakes, with litigious people, and the stressors of succeeding when facing tremendous pressure and challenges. I recently met with an attorney who asked me to meet with him about a case and ultimately requested a […]

Continue Reading

Just when David and I think we have “been there,” “done that,” or “heard everything,” a new client dilemma surfaces. Never, in all the years (almost 3 decades, in fact!) I have worked as a trial/jury consultant have I known about an attorney who was a prospective client, after requesting both a meeting and detailed […]

Continue Reading

Life and Work – Have Fun When You Can

This concept presents itself in many ways. The saying “life is short, eat dessert first” is one way. But, aside from that, building fun into “the plan” is one benefit of operating a small business. While we’ve written things along these lines in the past, recent discussions with family and friends are reminders of the […]

Continue Reading

I can’t begin to count the number of times David’s mother, Carole, said, “Have fun!” when David and I were leaving her house to meet with a prospective client (the opposite of having fun, in my opinion); conducting mock jury research (very stressful and hard work, involving long hours); selecting a jury (the ultimate stressful […]

Continue Reading

Help the Jury Succeed

I subscribe to an email publication called the Jur-E Bulletin; it is published by the National Center for State Courts. It is a very informative publication and I recommend subscribing to it as you never know what tidbits will be there to be learned. Like a few other posts in our blog, this one was […]

Continue Reading

I have been working in the realm of psychology and law for decades and it has always seemed odd to me that many attorneys view jurors as their adversaries. I have heard countless remarks made by attorneys that denigrate the intelligence, motivation, and decisions made by juries. In addition, I have selected juries on hundreds […]

Continue Reading

Made for TV Mock Trials

A friend/client sent me an article recently about a mock trial conducted in a high profile murder case in Texas which was featured on the television show 48 Hours. The article, by one of Magnus’ competitors, thoroughly discussed many of the reasons why the mock trial and real trial results were different. As it turned […]

Continue Reading

There are so many things wrong with the way in which these Texas attorneys performed their mock trial that it would take more than this post to comment on them. It is a travesty of justice for clients of attorneys who think they know more than anyone else about almost everything, including jury behavior. I […]

Continue Reading

Herman/Dad

A Point of View

David H. Fauss, M.S.M.

On April 19, 2018

Category: Getting Through Life and Work, Growing Old is Not for Sissies, Life Outside of Work

Dad, aka Herman, was a road warrior throughout his career, even before that term existed! And, all of his career was spent trying to keep other road warriors safe. His first job, post college, was with the now extinct Interstate Commerce Commission (ICC) – a Federal agency tasked with transportation law and safety. Dad recently […]

Continue Reading

Another View

Melissa Pigott, Ph.D.

On April 19, 2018

Category: Getting Through Life and Work, Growing Old is Not for Sissies, Life Outside of Work

David’s dad is David’s dad, but to me, he is “MY Herman.” I am as fond of my father-in-law, Herman, as I am of my mother-in-law, Carole. This being said, My Herman and I have always had a special relationship. I share Herman’s love of barbeque, particularly ribs, and I have always appreciated his knowledge […]

Continue Reading

Carole/Mom

A Point of View

David H. Fauss, M.S.M.

On April 12, 2018

Category: Getting Through Life and Work, Growing Old is Not for Sissies, Life Outside of Work

The focus of this post is a brief reflection on my mother, Carole’s, well lived life, following a realization that it is important to consider who she really was throughout most of her life. (Her recent condition can taint those memories; see “Chicken Salad” post.) Born in Atlanta, mom moved to Jacksonville after my parents […]

Continue Reading

Another View

Melissa Pigott, Ph.D.

On April 12, 2018

Category: Getting Through Life and Work, Growing Old is Not for Sissies, Life Outside of Work

As I have mentioned in several previous posts, David’s mother, Carole, was never just my mother-in-law. A mother-in-law, in my opinion, is merely the person who happens to be the mother of one’s spouse. When marrying someone, one gains a mother-in-law, as long as one’s spouse has a mother. Mothers-in-law come in all shapes and […]

Continue Reading

Dialing for Dollars

Part of my job operating a small business is marketing; part of that marketing effort involves making sales calls. I think most business people, small or large, can relate. It (the business) is (almost) all about the marketing. Some of these are to “friendlies” – that is, past clients or contacts. Some of these calls […]

Continue Reading

In our business, sales and marketing calls are a fact of life. I daresay I have spent more time during my career in marketing/sales pursuits than in doing any other task. If there is no marketing, in fact, there will be no work for anyone at Magnus to perform. Over the years we have been […]

Continue Reading

The “Trial Show”

Two recent cases on which we conducted mock trials prompted this post. In the first, the lawyers presenting the case did so using 8×10 photographs of the incident scene which they held up in front of the group of mock jurors. No enlargement, no projection, just a photo. Post research, I attempted to “encourage” the […]

Continue Reading

Most people learn new information via more than one method, including auditory, visual, and kinetic means. Reliance on only one method of learning may or may not be sufficient, but considerable research has shown learning that involves multiple methods is more likely to result in greater memory for what was learned than learning that takes […]

Continue Reading

Impression Management, part 2: Snap Judgments

A recent article in the Wall Street Journal (January 31, 2018, page A9), “The Mistakes You Make in a Meeting’s First Milliseconds,” by Sue Shellenbarger, prompted me to think about first impressions in the courtroom. And, particularly, the jurors’ first impressions of the attorneys. While the attorneys’ first impressions of jurors and witnesses, both fact […]

Continue Reading

I routinely remark to the attorneys who are my clients that the jurors are the “only perfect people in the world.” That is, when one’s fate, and the fate of one’s client, rests in the decision made by a jury, the jury’s decision is final. Furthermore, the jury’s final decision may or may not be […]

Continue Reading

30 Years

30 years. Sounds like a long time. Sometimes it feels like a long time, but I’m here to say, having being married to Melissa for 30 years, I’m left wondering where has the time gone – it has gone so fast! We recently celebrated this milestone and, although some of the readers know, I’m sharing […]

Continue Reading

In many ways, celebrating a 30th anniversary is remarkable! The divorce rate in America is approximately 50%, with many marriages breaking up well before the 10 year mark. David and, I are, as many people describe, “happily married.” This is not to say we agree on everything, enjoy doing exactly the same things, or don’t […]

Continue Reading

Powered by WordPress. Designed by WooThemes