Author Archive | David Fauss

Jury Duty

A Point of View

David H. Fauss, M.S.M.

On February 2, 2017

Category: Jury Behavior, Jury Deliberations, Litigation Tips, Psychology, Trial Consulting, Trial Science

Jury duty is one of those things that brings up a groan from many people – not unlike the idea of going to a dentist. Of course, we at Magnus, and the clients we support, depend on jurors, or rather prospective jurors, to show up to participate when summoned. That, however, is not the focus […]

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Another View

Melissa Pigott, Ph.D.

On February 2, 2017

Category: Jury Behavior, Jury Deliberations, Litigation Tips, Psychology, Trial Consulting, Trial Science

I have lost count of the number of times people ask me how to “get off” jury duty. Despite knowing my occupation and perhaps, in spite of knowing my occupation, these individuals persist in believing I am going to tell them to look and/or act strangely, say ridiculous things, or provide them with other ways […]

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Generational Work Ethics

Digressing before I get started, I begin this post by reporting that Melissa and I read many newspapers, magazines and professional publications to stay current. Melissa subscribes to and promptly reads many psychology journals and publications. This post was prompted by a January 2017 Monitor on Psychology article synopsis reporting findings from a meta-analysis of […]

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Stereotyping, although it is commonplace, is never a good idea. I will repeat: Stereotyping is never a good idea. Social psychologists, beginning with Dr. Gordon Allport in 1948, have studied stereotypes and their negative impact on decision making in a multitude of contexts. Research on stereotyping has, in general terms, revealed that stereotypes contain a […]

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Take Initiative

A Point of View

David H. Fauss, M.S.M.

On January 19, 2017

Category: Careers, Employment, Getting the Job Done, Getting Through Life and Work, Managing Employees, Small Business Success

I’ve been reflecting on what makes a good employee, a good student, or even a “good soldier.” One variable I think makes a tremendous difference is the willingness of an individual to take initiative to get things done. And, borrowing, and modifying the use of the term “lean in” from the 2013 book by Sheryl […]

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Another View

Melissa Pigott, Ph.D.

On January 19, 2017

Category: Careers, Employment, Getting the Job Done, Getting Through Life and Work, Managing Employees, Small Business Success

People vary on the personality dimension David refers to as taking initiative. Some people are on the lower end of the spectrum, and are colloquially referred to as “slackers,” while other people are on the higher end of the spectrum, and are often referred to as “taking charge,” “leaders,” and “dependable,” among other things, while […]

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You can’t be in the conversation if you don’t open your mouth

A Point of View

David H. Fauss, M.S.M.

On January 12, 2017

Category: Business Frustrations, Careers, Getting Through Life and Work, Life Outside of Work

I thought of this topic, “You can’t be in the conversation if you don’t open your mouth” while thinking back on situations where I perceived post action grumbling by people who did not participate in discussions or decisions. Specifically, there have been many times over the years when, during, for example, a staff meeting, some […]

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Another View

Melissa Pigott, Ph.D.

On January 12, 2017

Category: Business Frustrations, Careers, Getting Through Life and Work, Life Outside of Work

There are plenty of times when I do not wish to participate in a conversation. These include when conversations involve: (1) people I don’t enjoy being around; (2) topics I am not interested in discussing; (3) someone’s attempt to obtain my professional advice without remuneration; (4) someone’s attempt to engage me in “tie breaking” discourse […]

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Ejecting Jurors – Rarely

A Point of View

David H. Fauss, M.S.M.

On January 5, 2017

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

When we conduct mock jury research, we slightly over recruit the mock jurors/participants to ensure that we have adequate coverage for the size of the actual trial jury panel. In Florida, this usually means recruiting 10 people to ensure we have enough mock jurors for a 6 person panel. Our show rate averages 8 people […]

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Another View

Melissa Pigott, Ph.D.

On January 5, 2017

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

The fastest way for a mock juror or other research participant to get kicked out of a research exercise is to insult, harass, or assault one of my staff members. My research associates and research technicians are top notch. They have been trained by David and me to perform all aspects of their jobs with […]

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Catching Juror with her Pants Down

A Point of View

David H. Fauss, M.S.M.

On December 29, 2016

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

Melissa recently initiated a series of blog posts about Crazy Juror stories. In writing these posts, I was reminded of another crazy juror story, which wasn’t really that crazy, but it is now in our company folklore and we continue to chuckle about it. A number of years ago, we were working on a large […]

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Another View

Melissa Pigott, Ph.D.

On December 29, 2016

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

The expression, “caught with your pants down” has, for many years, had a literal interpretation for those of us at Magnus. (The Detroit experience was memorable for several other reasons, including hearing one of my employees inform our client that she wished she were a princess living in a castle, but that has been covered […]

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You should have made me do it sooner

A Point of View

David H. Fauss, M.S.M.

On December 22, 2016

Category: Getting the Job Done, Litigation Tips, Marketing your Business, Psychology, Trial Consulting

It is very rare that we ever get complaints from clients so it took me aback a few years ago when a client said, “I have one complaint.” The client was a defense attorney handling a very tragic case involving an electrocution and death. Few things are as horrible as electrocutions. He was defending the […]

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Another View

Melissa Pigott, Ph.D.

On December 22, 2016

Category: Getting the Job Done, Litigation Tips, Marketing your Business, Psychology, Trial Consulting

As much as I believe my professional advice should be accepted, particularly by clients who have hired me to provide them with my advice, I have never, ever, been able to “make” or “force” a client to accept my advice. The consequences of an attorney’s failure to act upon my advice have, unfortunately, been dire, […]

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Insights for Success

For many years, Magnus has used “Insights for Success” as a tag line in many of our marketing materials. We have recently reevaluated this concept in the process refining our materials. “Insights for Success” has much meaning, and history, to us. We at Magnus firmly believe that the trial consulting work we do helps clients […]

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As David wrote, “insights for success” has a long history in our company. We have been asked, countless times, for our success rate over the years we have been in business. Although it may appear, on the surface, that measuring our success is an easy task, in reality, defining success has proven to be quite […]

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The Psychology of Litigation

This is a topic I came up with because I’ve been thinking about what is it Melissa and I really do as trial consultants and in our company, Magnus Research. We know what we do, but it is sometimes difficult to come up with ways to explain it. And, especially as we encounter lawyers who […]

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My education and training in social psychology was aimed toward the pursuit of a career in academia. However, experiences in graduate school led me to the realization that I would be more suited for a career in applied social psychology (in the “real world”) than becoming a college professor. My skill set is broad, such […]

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What have you got to lose by doing mock jury research?

A Point of View

David H. Fauss, M.S.M.

On December 1, 2016

Category: Business Frustrations, Getting the Job Done, Litigation Tips, Psychology, Trial Consulting, Trial Science, Work-Life, Workplace Technology

Advance warning, this post is positively self serving to our means of earning a living – trial consulting. Every once in a while, and more often than I think it should happen, I hear comments from prospective clients who say something like “my client or my co-counsel doesn’t think doing mock jury research is really […]

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It is a well known social psychological phenomenon that most people prefer schema congruent information over information that is incongruent with their schemata. (The reader is probably asking himself/herself, “What does this mean, in laypersons’ terms?”.) Most people have a certain way of viewing the world that, for them, is more important than reality, the […]

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