Author Archive | David Fauss

Imitation is the sincerest form of flattery

A Point of View

David H. Fauss, M.S.M.

On November 24, 2016

Category: Business Frustrations, Getting the Job Done, Litigation Tips, Managing Employees, Marketing your Business, Partnerships, Psychology, Small Business Success, Travel, Trial Consulting, Work-Life, Workplace Technology

This expression which is the title of this post is credited to English author Charles Caleb Colton’s writing in 1820. I don’t feel flattered. To explain, Melissa and I formed Magnus Research Consultants, Inc. in 1993. We worked hard to come up with a name that fit many criteria we established for our new, nameless, […]

Another View

Melissa Pigott, Ph.D.

On November 24, 2016

I respectfully disagree with Mr. Colton about being flattered by imitation. Think about it. Is imitation leather flattering to real leather? Is eating imitation cheese ever a good idea? What exactly is imitation crab imitating? I could go on. When David and I discovered that one of our competitors had copied our name, we were […]

The Psychology of Medical Malpractice

A Point of View

David H. Fauss, M.S.M.

On November 17, 2016

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

In the September 2016 Monitor on Psychology, there was an article entitled “Medical Errors are the Third Leading Cause of Death in the United States.” My reaction was “WOW”; it’s hard to believe medical errors are responsible for more deaths than respiratory ailments, strokes, Alzheimer’s Disease and are only surpassed by heart disease and cancer. […]

Another View

Melissa Pigott, Ph.D.

On November 17, 2016

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

Psychologists who have analyzed data from numerous adverse medical situations have identified 5 types of errors that cause medical mistakes: (1) errors of commission; (2) errors of omission; (3) errors of communication; (4) errors of context; and (5) diagnostic errors. The underlying problems that lead to medical errors have been studied by psychologists because many […]

Mirror Jury

A Point of View

David H. Fauss, M.S.M.

On November 10, 2016

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

Following the recent Bull theme yet again, anyone who has watched the first 2 episodes has observed Dr. Bull conducting a “Mirror Jury.” So, before you ask, a “Mirror Jury” or something by another similar name is real. The most commonly used term for this service provided by trial consultants is “Shadow Jury®.” Anyone notice […]

Another View

Melissa Pigott, Ph.D.

On November 10, 2016

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

I must admit that the new TV show about jury consultants is a highly entertaining, fanciful, drama. (In my opinion, it does not come close to the entertainment value of my long time favorite show, “The Simpsons,” however.) Because the term, “Shadow Jury®” was a registered trademark formerly owned by Litigation Sciences (my former employer), […]

Trial Science

A Point of View

David H. Fauss, M.S.M.

On November 3, 2016

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

The TV character Dr. Bull is proving interesting in that he has introduced some terminology that may be unfamiliar to attorneys and the general public. Dr. Bull references “Trial Science” which may lead some to wonder is there any science to a trial. Many trials involve forensic science, experts, engineers, and more, but the concept […]

Another View

Melissa Pigott, Ph.D.

On November 3, 2016

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

My first job as a social psychologist working in the world of law was at a company called Litigation Sciences, Inc. LSI, as it was commonly referred to, was one of the first companies that worked for attorneys involved in high stakes litigation. LSI was founded in the late 1970s, meaning the kind of work […]

Working through a hurricane.

A Point of View

David H. Fauss, M.S.M.

On October 27, 2016

Category: Careers, Getting the Job Done, Getting Through Life and Work, Managing Employees, Small Business Success, Trial Consulting, Work-Life, Workplace Technology

Here we go again. Water, check. Gasoline for generators, check. Food-Publix, check (store was packed). Propane for grill, check. Checklist checked, check. More to do, check. The waiting begins. As I’m writing this, a tropical storm watch has been issued for our geographic area – the next 3 days will tell what Hurricane Matthew has […]

Another View

Melissa Pigott, Ph.D.

On October 27, 2016

Category: Careers, Getting the Job Done, Getting Through Life and Work, Managing Employees, Small Business Success, Trial Consulting, Work-Life, Workplace Technology

Fortunately, South Florida was spared from a recent hurricane. All of the planning, preparing, and shopping were, thankfully, a huge waste of time, in that nothing more than a little wind and rain came our way. David calculated that we each spent 30 hours, 60 hours between the two of us, and probably 20 to […]

Reality check – Defendant

A Point of View

David H. Fauss, M.S.M.

On October 20, 2016

Category: Uncategorized

I previously wrote about how mock jury, mock mediation, or mock arbitration research provides a “reality check” to plaintiffs. It does the same thing for defendants, whether they are the actual party, the company, or the insurance company/adjuster. Many years ago, a defense lawyer told me, “I think the case is worth $X, the client […]

Another View

Melissa Pigott, Ph.D.

On October 20, 2016

Category: Uncategorized

When someone is a defendant in a lawsuit, there is often the tendency to take things personally, particularly when one is being accused of negligence, professional malpractice, fraud, conspiracy, etc. Just as plaintiffs often over value their cases, defendants often under value their cases, believing the plaintiff is exaggerating an injury, has a baseless claim […]

Reality check – Plaintiff

A Point of View

David H. Fauss, M.S.M.

On October 13, 2016

Category: Uncategorized

A not so secret secret is that plaintiffs in civil litigation often overestimate the value of their case. We have heard, many times, from our attorney clients that their clients often expect them to be able to resolve their case for many times more than what it is “worth.” Sometimes these expectations are based on […]

Another View

Melissa Pigott, Ph.D.

On October 13, 2016

Category: Uncategorized

All of the cases in which I have been involved as a trial consultant are important cases involving serious matters. There has never, ever been an attorney who contacted me for assistance in a simple matter, a frivolous lawsuit, or a small claims court case. All of the personal injury cases I have worked on […]

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 […]

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; […]

BULL

A Point of View

David H. Fauss, M.S.M.

On September 29, 2016

Category: Trial Consulting

I am writing this post on the day the new CBS television program, Bull, premieres. Bull is a program about fictional trial consultant, Dr. Jason Bull. Other than the movie Runaway Jury, trial consultants rarely figure into movies or television. There was a trial consultant episode on LA Law, and there have been docu – […]

Another View

Melissa Pigott, Ph.D.

On September 29, 2016

Category: Trial Consulting

There have been television shows, as well as movies and plays, about almost every occupation imaginable. One of the coolest TV shows, in my opinion, was Sea Hunt, starring Lloyd Bridges as an ex-Navy frogman. Sea Hunt ran from 1958 through 1961 and involved numerous exciting adventures of a SCUBA diver, Mike Nelson (portrayed by […]

Confronting Dementia

A Point of View

David H. Fauss, M.S.M.

On September 22, 2016

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

Dementia, in its many forms, are ugly diseases. As they attack the brain, they attack the body. And, in doing so, they attack bystanders all around. Family and friends are drawn into the horror of the loved one or friend and seeing the gradual, and sudden, declines that come with these diseases. Sadly, Melissa and […]

Another View

Melissa Pigott, Ph.D.

On September 22, 2016

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

It is an unarguable fact that the human brain is the most important part of the body and, indeed, what separates people from other mammals. This being the case, it is astounding to me that, although most people hurry to obtain medical care at the first sign of many, relatively minor, medical emergencies (for example, […]

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Author Archive | David Fauss

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

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