Archive | Litigation Research

Lawyers play chess; jurors play video games

I “appropriated” the title of this post from a litigation graphics consultant I heard speak recently at a Florida Bar function. I thought she was on to something with this simple, contrasting, perspective. Litigation is a “game” of strategy, and like good chess players, litigators are good at these strategies. They can move all of […]

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There are many variations on the theme about which David has written. Lawyers play chess, while jurors play video games. Lawyers play golf, while jurors watch NASCAR. Lawyers drink fine wine, while jurors drink Budweiser. Lawyers drive Mercedes-Benz automobiles, while jurors drive Ford pick up trucks. Etc. Etc. Etc. The point of these endless, and […]

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People with Mental Health Issues Don’t Act “Normally”

Mental health, and the absence of mental health, are largely misunderstood by the general public. In that mental health concerns, including the rapidly increasing rate of age related dementia, are common within our society, it is time for people to come to terms with the variety of signs and symptoms of cognitive crises. There are […]

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As a psychologist, Melissa is acutely aware of mental health issues. However, in the last 10 or so years, the personal nature of her, and my, observations of mental health issues has grown, sadly, exponentially. This has included dementia related health issues of family and friends, as well as other mental health problems of family […]

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O.J. Simpson’s Contribution to Trial Consulting

The topic of O.J. Simpson came up recently in a discussion I recently had about the world of trial consulting. The murder of O.J.’s former wife, and the subsequent trial, was one of the first televised celebrity mega trials. For better, or worse, almost everyone was aware of the accusations against O.J. in that case. […]

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O. J. Simpson has been vilified since the time he was accused of murder. David’s and my post is not intended as praise for O. J.; rather, it is written as an example of how one event, even a tragic one, can change other things which, at first glance, appear unrelated. I have no positive […]

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“You’re Not Cheap!”

I recently attended a meeting with an attorney, who is a client of mine, and the attorney’s client, the person who paid for my services. It is rare in my world of jury/trial consulting to attend a meeting that involves the “end client,” that is, the party to the litigation, as opposed to his/her/its attorney. […]

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Melissa was still laughing about this encounter when she returned from this meeting. We both chuckled about it after she shared it. She is clearly not cheap. I can attest to that! But, in the context of business, we have never had the goal of being cheap. We are often not the most expensive trial […]

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CYA: Another Reason for a Mock Trial

CYA, 3 little letters about something important – self protection. Cover your ass – there, I’ve said it. I don’t know when I first realized that attorneys sometimes use a mock trial to protect themselves from their client. There are many reasons for a mock trial but it was perhaps the attorney who once told […]

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I am a detail oriented, meticulous person who does not like to leave anything to chance. I strongly prefer to have more, not less, data with which to make a decision. I always practice my bass lines as much as time will allow before performing a gig (and I bring an extra battery in case […]

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My Favorite lawyers are Gators: Kim, Pat, Charles, Suzanne, Buddy

As anyone who knows me, even slightly, will attest, I have never been a “school spirit” kind of person. No “rah rah, go team, go” for me. It’s just not who I am. When I decided to pursue my doctorate degree in psychology, I applied to 10 schools and I was accepted for admission to […]

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Melissa came to this realization not that long ago, and she had to admit the University of Florida must not be all bad. It is not that she is a “rah rah” Seminole fan, instead, it is only an ironic realization that these 5 attorneys, as well as others who are double or single Gators, […]

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“You’re Making Me Look Bad” (Because I Didn’t Read the Contract)

More often than one may think, I’ve been told by attorneys, who are the majority of our clients, that they never read our contract. This usually emerges when some detail “surprises” them. Yes, they received and later signed the contract to authorize our work. Yet, they often indicate that they did not see or understand […]

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It has been my experience, more often than not, when someone says “You’re making me look bad,” it is actually the case that the person saying this is making himself/herself look bad. Think about it. How many times has someone else made you look bad? Looking bad is something most people can do on their […]

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The Social Psychology of Etiquette

This third post in a series about good manners, courtesy, and kindness combines my education, training, and experience as a social psychologist with something with which I have always been fascinated: etiquette. Unlike almost everyone else I know, I love the rules of etiquette and I try, diligently, to follow them in everything I do. […]

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Melissa is much more of a student of, and teacher of, etiquette than am I. And she has taught me a thing or two in this regard over the past 30+ years. But, I had some other good teachers, including my mother, and another person about whom I wrote previously, Jon Peters. Jon corrected me […]

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Help the Jury Succeed

I subscribe to an email publication called the Jur-E Bulletin; it is published by the National Center for State Courts. It is a very informative publication and I recommend subscribing to it as you never know what tidbits will be there to be learned. Like a few other posts in our blog, this one was […]

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I have been working in the realm of psychology and law for decades and it has always seemed odd to me that many attorneys view jurors as their adversaries. I have heard countless remarks made by attorneys that denigrate the intelligence, motivation, and decisions made by juries. In addition, I have selected juries on hundreds […]

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Return calls, Reply to emails, Be courteous

Many things in the lives of adults are related to the way in which we were brought up as children. If, for example, someone was taught by his/her parents to prefer Fords over Chevys, or to cheer for the Pittsburgh Pirates instead of the Boston Red Sox, these long standing habits are likely to be […]

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Melissa approaches the topic of “Return calls, Reply to emails, Be courteous” as an etiquette issue, and it is. Working for and with trial lawyers is challenging, sometimes. The general public’s impression of attorneys is not always the most favorable, to put it simply. The perceived lack of courtesy may explain part of that. And, […]

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