Archive | Business Frustrations

Identity Crisis of Trial Consultants, Part 2: Trials v. Mediation

A Point of View

David H. Fauss, M.S.M.

On March 2, 2017

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

This is part 2 of 3 on the identity crisis of “trial consultants” and this is where the crisis becomes more problematic.  When I meet attorneys and mention that I’m a trial consultant, many “get it” – they understand, especially if they have ever hired one of us.  But, some attorneys who have hired trial […]

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David mentions attorneys who don’t “get it” when it comes to understanding the valuable role of trial consultants in the litigation process. In my opinion, many attorneys who don’t get it actually do not want to get it; that is, they are fearful we will expose their weaknesses to their clients. Many attorneys wrongly believe […]

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Identity Crisis of Trial Consultants, Part 1: Trial v. Jury consultants

A Point of View

David H. Fauss, M.S.M.

On February 23, 2017

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

Various professions have identity problems. For example, when a “speech therapist” conducted a cognitive evaluation of my mom’s dementia, I had trouble understanding the connection. Even professions with seemingly solid identities, such as lawyers or doctors, are not precisely defined as to their specialty. For example, is the doctor a brain surgeon, general practitioner, or […]

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Another View

Melissa Pigott, Ph.D.

On February 23, 2017

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

When I am asked my occupation, I reply, “I am a social psychologist who helps attorneys prepare their cases for trial, arbitration, and mediation.”  I once told one of my cousins, who lives in a rural part of Florida, that I am a “jury consultant” and she remarked how wonderful it must be to work […]

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Common sense

Let’s face it: Some people have no common sense. Other people have some common sense and then there are those fortunate people who have an abundance of what is often referred to as “horse sense.” Like other personality traits, common sense is present on a continuum, with certain people having more than others. Life experience […]

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It has been interesting as an employer to observe the common sense, and intellectual sense, of employees – at all levels. As Melissa pointed out, a high degree of education often has no correlation with common sense. In fact, in the many years I have known Melissa, I have observed that some of her colleagues […]

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I Don’t Care about Research

This post was inspired by a recent encounter I had with a young, inexperienced attorney who told me she did not care about research results; instead, she preferred to base her decisions on her past experiences.  Wow!  Hearing this statement was shocking, in and of itself, but hearing it from a young person was, in […]

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Sticking one’s head in the sand and digging in one’s heels when faced with new information  are two bad behaviors.  Melissa related this story to me upon her return from the courtroom and it amazes me as much as it does her.  I don’t know whether it is because this attorney is young, and as […]

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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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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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Imitation is the sincerest form of flattery

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, […]

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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 […]

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Do you really know what I’m thinking? Do you want to know?

In this final post inspired by a dreadful meeting David and I recently attended, I will cover a dangerous game played by some people. These people, none of whom are psychologists (or our counterparts in the medical field, psychiatrists), have an inflated sense of self and often believe other people share in their belief that […]

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There are several takeaway lessons from the fateful meeting which prompted this series of posts. One is definitely “know what you don’t know.” A favorite professor of mine once told me about the difference between smart, and not so smart, people. The smart ones know they don’t know it all and try to learn what […]

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GPS (orientation x3)

In medical settings, and in psychological assessments, patients are almost always asked 3 important questions: (1) Who are you/What is your name?; (2) Where are you, right now?; and (3) What time is it? People with cognitive impairment are often unable to answer these simple questions and sometimes, they become confused as to why they […]

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Oriented X3.  I’ve certainly seen this concept utilized in the medical arena, especially as it relates to cognitive testing.  But, in thinking of the broader context about which Melissa writes, it occurs to me that there is another way we commonly relate to this concept.  That is, “the lights are on, but nobody’s home.”  We […]

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Telling the end client they need a new attorney

A Point of View

David H. Fauss, M.S.M.

On September 15, 2016

Category: Business Frustrations, Business Relationships, Getting the Job Done, Litigation Tips, Trial Consulting

One of the strangest outcomes of mock jury research is the realization, and documentation, that the attorney for whom we were working was not up to the challenge. Though we never anticipated this would occur, it has. And, it has happened more than once. The first time I recall this happening was when we were […]

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Another View

Melissa Pigott, Ph.D.

On September 15, 2016

Category: Business Frustrations, Business Relationships, Getting the Job Done, Litigation Tips, Trial Consulting

The majority of Magnus’ clients are attorneys who have super sized egos. Some of our clients’ egos are well deserved, in that they are stellar advocates on behalf of their clients. Other attorneys seem to have a self conception that does not match their accomplishments. (I am well aware this happens among people in other […]

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