Author Archive | David Fauss

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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Facilitating Fraud: Part 2

A Point of View

David H. Fauss, M.S.M.

On August 27, 2015

Category: Business Frustrations, Getting the Job Done, Small Business Success

Shame on Bank of America. It happened again. I guess it is different day, different tricks for the criminals in this world. Recently we learned the hard way how easy it is for criminals to commit check fraud using the modern convenience of mobile banking. I could not believe it when I saw an employee […]

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Another View

Melissa Pigott, Ph.D.

On August 27, 2015

Category: Business Frustrations, Getting the Job Done, Small Business Success

The ability to perpetuate this fraud is simple enough for almost anyone to figure out; that is, anyone except modern day banking institutions. The person who stole from my company by electronically depositing a photo of my company’s check, then cashing the same check at her local grocery store, was an uneducated woman from a […]

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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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“I won’t make that mistake again”

Magnus’ first employee suffered from a lack of foresight. She was unable to think through to completion the results of certain actions. She certainly had many positive traits, but this was not one of them. I do not know how many times we heard her say, “well, I won’t make that mistake again.” While it […]

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There is nothing inherently wrong with learning from one’s mistakes, but there are unavoidable costs associated with making these mistakes. Some of the costs are related to lost time, from expending efforts that are largely unproductive, while other costs are monetary. As small business owners, David and I often bear the brunt of our employees’ […]

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Wish Them Well

As a final post, hopefully ever, in the series on unprofessional lawyers, I am borrowing some lyrics from my favorite rock band, RUSH. Written by Rush’s lyricist and drummer extraordinare, Neil Peart, and featured on their most recent album, Clockwork Angels, the song entitled, “Wish Them Well” is about realizing there is sometimes a need […]

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David finds a lot of inspiration from his favorite band, RUSH.  Unlike the lyricist for RUSH, Neil Peart, I have difficulty wishing well to someone who has harmed me.  However, wishing someone well is probably the healthiest attitude one can take upon being wronged.  The few clients with whom David and I have had an […]

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Unprofessionalism in law

As trial consultants, we are generally hired on “big” cases which have enough complicating factors that the attorneys and their clients need our help to figure out. In other words, when the stakes are high, our help is needed. Because of this, perhaps, we have very rarely interacted with unprofessional attorneys. There have been some […]

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I am a “peace and love” aficionado and, as a social psychologist, my people skills are slightly more elevated than those of the attorneys with whom I have chosen to spend my career. It has always amazed me that some attorneys, who are paying me for my help, do everything they can to alienate me, […]

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Working for jerks, never!

I recently wrote about a client I called a “2 time client” meaning we worked for him our first and last times on the same case.  I never thought it would get worse and that we would have a client we would have to fire before doing the work for which we were retained.  Unfortunately, […]

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As John Lennon famously said, “instant karma’s gonna’ get you.” Let’s hope so! The attorney who is the subject of this post is a younger than age 40 personal injury attorney in West Palm Beach who, because David dared to come inside his office (which is, of course, open to the public), verbally and physically […]

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2 Time Clients

Melissa’s mother had a saying that she used, rarely, to indicate she was not going to do, or eat, or whatever that same thing again. For example, if she went somewhere one time and did not like it, she would say, “I’ve been there twice, my first and last times…” I’ve been to a few […]

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It is painful for David to turn away business, and the revenue derived from business, but when a client has abused me, one or more of our employees, or him, the pain from working with the abuser is greater than the pain from lost revenue. Fortunately, there have been few clients in my decades long […]

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The Evolution of our Job Interview. Part 2

A Point of View

David H. Fauss, M.S.M.

On July 9, 2015

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

Part 2 of the Job Interview Evolution involves the addition of questions to our interview protocol based on experiences with interviewing and hiring, or more accurately, hiring mistakes. For example, we once hired a research associate for our trial consulting business who, within a few weeks of hiring, reported that she “hated attorneys” and was […]

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Another View

Melissa Pigott, Ph.D.

On July 9, 2015

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

Prior to having the unfortunate (but, thankfully, short lived) experience with the employee who hates lawyers, I would never have believed there would be anyone stupid enough to apply for, then accept, a job in which all revenue earned by the employer is earned by working for attorneys. But. it happened! And now we are […]

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