Archive | Litigation Tips

Leaders

A Point of View

Melissa Pigott, Ph.D.

On March 27, 2018

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

Leaders and leadership have been studied by social psychologists for decades. The most widely accepted definition of leader is a person who influences group activities. A leader is someone who uses social power to move others in a desired direction by getting other people to follow his/her suggestions or orders. Most people, at one time […]

Another View

David H. Fauss, M.S.M.

On March 27, 2018

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

Organizational leadership is also a well studied field, but given our day to day work, I want to comment on the foreperson as leader fallacy that Melissa mentioned. As Melissa pointed out, forepersons are often nominated based on some form of experience. I was nominated as foreperson when I served on a jury because, after […]

Impression Management, part 2: Snap Judgments

A Point of View

David H. Fauss, M.S.M.

On March 22, 2018

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

A recent article in the Wall Street Journal (January 31, 2018, page A9), “The Mistakes You Make in a Meeting’s First Milliseconds,” by Sue Shellenbarger, prompted me to think about first impressions in the courtroom. And, particularly, the jurors’ first impressions of the attorneys. While the attorneys’ first impressions of jurors and witnesses, both fact […]

Another View

Melissa Pigott, Ph.D.

On March 22, 2018

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

I routinely remark to the attorneys who are my clients that the jurors are the “only perfect people in the world.” That is, when one’s fate, and the fate of one’s client, rests in the decision made by a jury, the jury’s decision is final. Furthermore, the jury’s final decision may or may not be […]

Persuasion

A Point of View

Melissa Pigott, Ph.D.

On March 13, 2018

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

The study of attitudes and attitude change has a long tradition in social psychology. Related to attitude change is the concept of persuasion, the process by which attitude change occurs. In my role as a litigation/jury consultant, I assist attorneys become persuasive communicators, with the goal being to convince the jury, arbitrators, or judge to […]

Another View

David H. Fauss, M.S.M.

On March 13, 2018

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

Litigation is unique, when compared to other arenas where persuasion is important, such as advertising or marketing. With an advertising campaign, the ads, whether billboards, print media, social media, television, radio, or other formats, are often tested with focus groups, etc. And, once refined, the ad campaign is launched in a fashion where a wide […]

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 […]

Consistency

A Point of View

Melissa Pigott, Ph.D.

On February 20, 2018

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

Most people perceive themselves as acting consistently across time and situations. Not only do most people like to appear consistent, in order to manage others’ impressions of them, they also like to appear consistent to themselves. This desire for consistency has strong effects on people’s behavior, particularly in group situations. Consistency has implications for people’s […]

Another View

David H. Fauss, M.S.M.

On February 20, 2018

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

Because I’ve heard Melissa conducing educational programs on jury selection, I want to comment on one way the knowledge of the human desire to appear consistent is of importance to trial lawyers. In the chess game of jury selection, where the options are pre emptory strike (limited numbers), challenge for cause (no limits), or accept, […]

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 […]

Reminder: Juries are Groups, Jurors are Individuals

A Point of View

David H. Fauss, M.S.M.

On February 8, 2018

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

So, the reader is probably thinking “duh, right, tell me something I didn’t know.” And, I agree, this should be obvious. Except when it isn’t. The beginning of a trial includes voir dire – asking questions of individuals – to determine which ones the attorney wants to include, or more accurately, exclude from a jury. […]

Another View

Melissa Pigott, Ph.D.

On February 8, 2018

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

David may believe it is obvious to most people that there are fundamental differences between juries and jurors, however, I must disagree with this conclusion. I find that most people, as well as most attorneys, rarely consider the group dynamics that are an integral aspect of jury behavior. In fact, I will go as far […]

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Archive | Litigation Tips

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.

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.

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.

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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