Archive | Litigation Research

Made for TV Mock Trials

A Point of View

David H. Fauss, M.S.M.

On April 26, 2018

Category: Getting the Job Done, Jury Behavior, Jury Consultants, Jury Deliberations, Jury Research, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consultants

A friend/client sent me an article recently about a mock trial conducted in a high profile murder case in Texas which was featured on the television show 48 Hours. The article, by one of Magnus’ competitors, thoroughly discussed many of the reasons why the mock trial and real trial results were different. As it turned […]

Another View

Melissa Pigott, Ph.D.

On April 26, 2018

There are so many things wrong with the way in which these Texas attorneys performed their mock trial that it would take more than this post to comment on them. It is a travesty of justice for clients of attorneys who think they know more than anyone else about almost everything, including jury behavior. I […]

The “Trial Show”

A Point of View

David H. Fauss, M.S.M.

On March 29, 2018

Category: Getting the Job Done, Jury Behavior, Jury Deliberations, Jury Research, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consulting

Two recent cases on which we conducted mock trials prompted this post. In the first, the lawyers presenting the case did so using 8×10 photographs of the incident scene which they held up in front of the group of mock jurors. No enlargement, no projection, just a photo. Post research, I attempted to “encourage” the […]

Another View

Melissa Pigott, Ph.D.

On March 29, 2018

Category: Getting the Job Done, Jury Behavior, Jury Deliberations, Jury Research, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consulting

Most people learn new information via more than one method, including auditory, visual, and kinetic means. Reliance on only one method of learning may or may not be sufficient, but considerable research has shown learning that involves multiple methods is more likely to result in greater memory for what was learned than learning that takes […]

The New World Order

A Point of View

David H. Fauss, M.S.M.

On March 8, 2018

Category: Getting the Job Done, Jury Behavior, Litigation Consultants, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consultants

Melissa and I have attempted do two things consistently with the posts we write. First, we try to be tactful, and not insult anyone. Second, we strive to be timeless, not dating our posts by the topic. This post breaks the 2nd rule, but hopefully, not the first objective. The topic is what some have […]

Another View

Melissa Pigott, Ph.D.

On March 8, 2018

Category: Getting the Job Done, Jury Behavior, Litigation Consultants, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consultants

Although many people cannot agree about politics, most people will agree politics have divided us into “us and them” factions more than, perhaps, any time in recent history. All of the people who are “us,” whatever that means on a personal basis, believe all of the people who are “them” are wrong, while all of […]

Bargaining and negotiation

A Point of View

Melissa Pigott, Ph.D.

On March 6, 2018

Category: Jury Behavior, Jury Consultants, Jury Deliberations, Jury Research, Litigation Consultants, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consultants, Trial Consulting

Bargaining is a social psychological phenomenon that I observe in every mock jury research project I conduct. Rarely do the mock jurors reach unanimity without considerable back and forth discussions. According to social psychological theory, bargaining involves situations with the following characteristics: (1) the parties involved have divergent interests; (2) some form of communication by […]

Another View

David H. Fauss, M.S.M.

On March 6, 2018

Bargaining and negotiation involve give and take. And, some people will do all the taking, and little of the giving. We all observe this in many human interactions. In a jury scenario, this reality takes on a specific life of its own. We see it all the time in mock juries as the mock jurors […]

Sleeping Beauties

A Point of View

David H. Fauss, M.S.M.

On March 1, 2018

Category: Getting the Job Done, Jury Behavior, Jury Consultants, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consulting

The role of a trial juror is critical in American justice and yet, jurors are often criticized collectively by many trial lawyers and the general public. Being a juror is a difficult job; sitting in judgment of your fellow citizens can be very stressful, and trials are not nearly as exciting and fast paced as […]

Another View

Melissa Pigott, Ph.D.

On March 1, 2018

Category: Getting the Job Done, Jury Behavior, Jury Consultants, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consulting

Sadly for most people who are selected to be on a jury, there are few attorneys who possess the oratory skills required to keep them interested in the case, not to mention engaged. I have had the pleasure to observe some skillful trial lawyers in my career as a jury/trial consultant, including Buddy Payne, J. […]

Commitment

A Point of View

Melissa Pigott, Ph.D.

On February 27, 2018

Social psychologists often refer to the “3 Cs of Attitude Change”: conformity, consistency, and commitment. Previous posts have discussed the first two factors, conformity and consistency, and the current post will address the third factor, commitment. Commitment is the process by which people take a stand for or against a certain issue. Commitment to an […]

Another View

David H. Fauss, M.S.M.

On February 27, 2018

Knowledge of the power of commitment is a powerful tool for attorneys. On the one hand, when someone makes a clear commitment to something which obviously is opposed to a lawyer’s position, such as Melissa’s environmental example, the choice is easy. Sometimes, however, a commitment to some belief or cause is more subtly “announced.” Being […]

Conformity

A Point of View

Melissa Pigott, Ph.D.

On February 13, 2018

Category: Jury Behavior, Jury Consultants, Jury Deliberations, Litigation Consultants, Litigation Research, Litigation Tips, Magnus, Magnus Research, Psychology, Trial Consultants

Almost everyone knows the meaning of conformity. From an early age, we are taught to conform with others’ ways of doing things, to go along with group norms, and to desire to be like everyone else. Few of us actually think about the strong social pressures designed to ensure our conformity; we tend to “go […]

Another View

David H. Fauss, M.S.M.

On February 13, 2018

Category: Jury Behavior, Jury Consultants, Jury Deliberations, Litigation Consultants, Litigation Research, Litigation Tips, Magnus, Magnus Research, Psychology, Trial Consultants

Melissa states that understanding conformity is part of understanding that a group is stronger than its individual parts. That is, in our litigation consulting world, a jury is stronger than a single juror, even if a single juror can “hang” a jury. My comments conform to her statement, but I want to expand it beyond […]

Defensive attribution

A Point of View

Melissa Pigott, Ph.D.

On February 6, 2018

Defensive attribution has been widely researched by social psychologists since the 1960s. Defensive attribution is the bias, present in most people, that leads to blaming a victim of misfortune for his/her role in the misfortune. Among the first research studies on the topic of defensive attribution was a study that found accident victims were perceived […]

Another View

David H. Fauss, M.S.M.

On February 6, 2018

Though I have taken graduate psychology courses, I have certainly benefited from the litigation specific tutoring and examples Melissa has provided me, and our clients, over many years. I recall one of the first times defensive attribution raised its ugly head and had to be explained to a client on the fly. Our client, a […]

Impression management

A Point of View

Melissa Pigott, Ph.D.

On January 30, 2018

In this series of posts, I will discuss social psychological concepts that operate in everyday life, as well as within the context of my work as a litigation/trial consultant. Some of the concepts I will cover have become well known among laypersons, that is, people who do not have an advanced degree in psychology, while […]

Another View

David H. Fauss, M.S.M.

On January 30, 2018

This series of posts capture many of the scientific concepts at play in persuasion and human decision making. As our world largely revolves around civil litigation, issues like impression management are factors in all of our work with the fact finders – juries, mediators, arbitrators, or judges as well as with the persuaders – the […]

Buddy Payne

A Point of View

David H. Fauss, M.S.M.

On January 25, 2018

Category: Business personalities, Business Relationships, Careers, Common Courtesy, Getting the Job Done, Getting Through Life and Work, Jury Consultants, Jury Research, Litigation Consultants, Litigation Research, Magnus, Magnus Research, Marketing your Business, Small Business Success, Trial Consultants

We’ve met some wonderful and interesting people in our years working with trial lawyers. One of those was R.W. Payne, Jr., better known as Buddy. Buddy was a true southern gentleman, hailing from North Carolina, then Virginia. He took control of the room when he entered, walking with the swagger of the former Marine and […]

Another View

Melissa Pigott, Ph.D.

On January 25, 2018

I have met few people throughout my life who possess the charisma and charm of the late Roland W. “Buddy” Payne, Jr. Buddy was one of the most successful attorneys in the U.S.A. during his many years of practice as a trial lawyer. Buddy was a trial lawyer in Miami at a time when trial […]

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Archive | Litigation Research

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

Melissa Pigott, Ph.D.

Another View

David H. Fauss, M.S.M.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

Melissa Pigott, Ph.D.

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David H. Fauss, M.S.M.

A Point of View

Melissa Pigott, Ph.D.

Another View

David H. Fauss, M.S.M.

A Point of View

Melissa Pigott, Ph.D.

Another View

David H. Fauss, M.S.M.

A Point of View

Melissa Pigott, Ph.D.

Another View

David H. Fauss, M.S.M.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

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