Archive | Litigation Tips

Won some should have lost; lost some should have won

A Point of View

David H. Fauss, M.S.M.

On April 20, 2017

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

In writing about the window of opportunity for trial consulting, I reflected on who are our “best” clients, and why. Our best clients are the attorneys who “get it” – who understand what we do, what goes into it, and what they will get out of it. But, how do they know these things? They […]

Another View

Melissa Pigott, Ph.D.

On April 20, 2017

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

Despite what many people believe about themselves, it is impossible to know everything there is to know. A “know it all” never knows it all! Not to mention the fact that “know it alls” are rarely the most popular people! I have been working as a trial consultant for a very long time; so long, […]

Window of Opportunity for Trial Consulting Work

A Point of View

David H. Fauss, M.S.M.

On April 13, 2017

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

Recently I’ve received calls from attorneys who wanted mock jury research on their cases, but the calls have come so late that I have been reflecting on when the window of opportunity is open for mock jury research. I have mentioned this issue in other posts, but because I’m noticing this recent spate of last […]

Another View

Melissa Pigott, Ph.D.

On April 13, 2017

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

Attorneys and social psychologists share few personality traits. Different types of people are, of course, drawn to different occupations. Social psychology is a research based doctoral degree; as such, it attracts people who are detail oriented; mathematically inclined; proactive; possessive of highly advanced logical reasoning skills; capable of designing, executing, and analyzing complex research programs; […]

How NOT to do mock jury research!

A Point of View

David H. Fauss, M.S.M.

On April 6, 2017

Category: Getting the Job Done, Jury Behavior, Jury Deliberations, Litigation Tips, Magnus, Magnus Research, Trial Consulting, Trial Science, Work-Life, Workplace Technology

I recently had a telephone call from a prospective client who wanted help with a case going to trial within 2 weeks of his call. It was a big case and he asked that we conduct mock trial research on a specific Saturday (which was 10 days after the call), in our home venue (despite […]

Another View

Melissa Pigott, Ph.D.

On April 6, 2017

Category: Getting the Job Done, Jury Behavior, Jury Deliberations, Litigation Tips, Magnus, Magnus Research, Trial Consulting, Trial Science, Work-Life, Workplace Technology

No one hates to turn down work, and more important, revenue generated from work, more than David and I do. However, we have turned down quite a bit of work over the years, for a myriad of reasons. In the recent unfortunate instance David mentions, any of the incorrect and unreasonable requests the prospective client […]

Trial Consultants & Dentists

A Point of View

David H. Fauss, M.S.M.

On March 16, 2017

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

Okay, what do trial consultants and dentists have in common? I was prompted to think about this recently when I met a dentist who is participating in the Jim Moran Institute/Florida State University Small Business Executive Program with me. He and I were discussing how people dread going to the dentist. It is one of […]

Another View

Melissa Pigott, Ph.D.

On March 16, 2017

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

I don’t understand why some of Magnus’ clients, all of whom are trial lawyers, are afraid of retaining us as a way to prepare for trial, mediation, and arbitration. In that lawsuits and litigation is their sole reason for their professional existence, why would they resist improving their chances of success by benefitting from our […]

Identity Crisis of Trial Consultants, Part 3: Jury v. Bench Trials or Arbitration

A Point of View

David H. Fauss, M.S.M.

On March 9, 2017

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

This is the final post in the series on the identity crisis of trial or jury consultants. In this post, I want to comment on the term “Jury Consultant.” Over the 25+ years of being in this field, in response to my self introduction, I have heard 2 other things. The first is, “…In my […]

Another View

Melissa Pigott, Ph.D.

On March 9, 2017

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

When I remark to attorneys that “Judges are people too,” they often reply, “No, they are not!’. All kidding aside, juries, judges, mediators, and arbitrators are people. They may have different backgrounds, but over the 4 decades I have been conducting research on humans, I have found people have more characteristics in common than differences. […]

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 […]

Another View

Melissa Pigott, Ph.D.

On March 2, 2017

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

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 […]

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 […]

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 […]

Self monitor – listen before speaking

A Point of View

David H. Fauss, M.S.M.

On February 16, 2017

Category: Careers, Common Courtesy, Getting the Job Done, Getting Through Life and Work, Litigation Tips, Psychology

Sometimes, without intention, a theme emerges in writing these posts. Today is a case in point as I’ve written about egos and bragging. Along the way I’ve mentioned “self monitoring,” a term from psychology that Melissa can, and I’m sure will, define better than I can. My take away on describing it is one’s ability […]

Another View

Melissa Pigott, Ph.D.

On February 16, 2017

Category: Careers, Common Courtesy, Getting the Job Done, Getting Through Life and Work, Litigation Tips, Psychology

Self monitoring was defined in the 1970s by Dr. Mark Snyder, a social psychologist, as the degree to which an individual is aware of, and in control of, his/her self presentations. Self monitoring is a personality trait that is possessed by everyone, although in varying amounts. Just as with other personality dimensions, most people are […]

Lawyer Egos

A Point of View

David H. Fauss, M.S.M.

On February 9, 2017

Category: Business personalities, Careers, Common Courtesy, Getting the Job Done, Litigation Tips, Psychology, Trial Consulting, Work-Life, Workplace Technology

When writing the post about “It ain’t bragging if it is true,” I paused for a minute thinking about how a high impression of oneself – a big ego – is necessary in some settings. Mick Jagger would not be strutting his stuff in front of thousands of people if he didn’t have the ego […]

Another View

Melissa Pigott, Ph.D.

On February 9, 2017

Category: Business personalities, Careers, Common Courtesy, Getting the Job Done, Litigation Tips, Psychology, Trial Consulting, Work-Life, Workplace Technology

Although my job working for lawyers with big egos can sometimes be challenging, it also provides me with many fun experiences. When I am in the presence of attorneys who have over sized egos, I search for ways to find common ground, as a way to foster rapport with them so that they will know […]

Jury Duty

A Point of View

David H. Fauss, M.S.M.

On February 2, 2017

Category: Jury Behavior, Jury Deliberations, Litigation Tips, Psychology, Trial Consulting, Trial Science

Jury duty is one of those things that brings up a groan from many people – not unlike the idea of going to a dentist. Of course, we at Magnus, and the clients we support, depend on jurors, or rather prospective jurors, to show up to participate when summoned. That, however, is not the focus […]

Another View

Melissa Pigott, Ph.D.

On February 2, 2017

Category: Jury Behavior, Jury Deliberations, Litigation Tips, Psychology, Trial Consulting, Trial Science

I have lost count of the number of times people ask me how to “get off” jury duty. Despite knowing my occupation and perhaps, in spite of knowing my occupation, these individuals persist in believing I am going to tell them to look and/or act strangely, say ridiculous things, or provide them with other ways […]

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Archive | Litigation Tips

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

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

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

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

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