Author Archive | David Fauss

Pay to Play

I’m writing this post after having recently received a solicitation from an attorney group asking for speakers for a big annual event. The “invitation” included a price list of what they expected speakers to pay. Despite the fact the audience would be perfect for us, marketing wise, Melissa immediately rejected the idea as something prohibited […]

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Psychologists are expressly prohibited from paying anyone to publish their research, lecture to any audience, or endorse their services.  Although attorneys and other professionals have different codes of conduct than psychologists, as a psychologist who works with attorneys, I am bound only by my profession’s ethical code of conduct.  It is abhorrent to me to […]

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COVID-19 Jury Composition Conjecture

As trial consultants we try to stay current by reading lots of newspapers, journals, and magazines. Recently, I’ve noticed people writing about the composition of juries post COVID-19 (not that COVID-19 is over, “post” in this context merely indicates a world where COVID-19 came into being). Because of the politicization of COVID-19, vaccines, masks, etc., […]

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I guess speculating about the composition of juries gives people something to discuss.  And, at least it’s better, in my opinion, than listening to people drone on about their experiences as jurors.  (The latter discussions, when I am unwittingly involved, remind me of “One time, in band camp…” and are just as uninteresting!) I don’t […]

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Ramifications of “You’re Fired”

I’ll start with the obvious: anyone can be fired. As long as someone works for someone else, they can be fired and, in many states, with or without reason. (If someone is self employed, they can be fired by clients, but that is a different situation.) Some people seem to think, so what if I’m […]

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This topic has been on David’s list of things to write about for many years, however, recent events evidently inspired him to write about it.  During the almost 30 years Magnus has been in business, David has always performed the human resources functions in our company, including hiring, training, disciplining, and firing employees.  More people […]

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Helping without Realizing

Sometimes in life people make a difference without even realizing it. Without trying to make a difference. “Leading by example” is the term often used to describe this phenomenon. Melissa was pleasantly surprised when the owner of a small hotel and conference facility “comp’d” our stay at the hotel for a non-work event. The woman, […]

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As corny as it sounds, I try to “let my light shine” in my dealings with everyone.  When I was growing up, my parents treated everyone with respect, whether they were dealing with the lowest or highest members of society.  Mom always told me to watch what I was doing because I never know when […]

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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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