Archive | Litigation Tips

Be nice to the Assistants and Associates

When we work with a trial team our client is the lead attorney. Though we own the company, we know the lead attorney is our boss, at least as far as that case is concerned. And, that boss is almost always the boss of many other people. Some trial teams have lots of lawyers, paralegals, […]

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I have never understood why some people have only enough niceness and courtesy to bestow on the people at “the top,” leaving none for the rest of those with whom they interact.  It is not the case, in my opinion, that there is a finite quantity of pleasant emotions, such that they have to be […]

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Help people

I have received a lot of help from people over the years, mostly from my two “big” brothers. As the only daughter of my parents and one considerably younger than my two dear brothers, I have turned to each of them on countless occasions for all kinds of help, including financial, advice on how to […]

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I grew up with parents who were always willing to help others.  They would quickly invite my friends to visit, or come to dinner, including a near ritual Sunday night pizza feast that usually included several friends.  In an open and non judgmental way, they were always willing to include an array of friends.  My […]

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Either you are wrong or I am right. Part 2: Clients

As I was writing the post, “Either you are wrong or I am right,” I thought that, like the album title from which it came, About Face (by David Gilmour) there are perhaps more than 1 way to contemplate this lyric. In the first post I wrote about the implications of behaving, in a personal […]

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I admit to being frustrated by some clients’ insistence that they know everything there is to know, including in an area in which they have zero expertise.  However, I am somewhat entertained by their willingness to set themselves up for failure, when something happens to disprove their incorrect assumptions, and I usually ask them to […]

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Client having an affair with key witness

A Point of View

Melissa Pigott, Ph.D.

On January 26, 2016

Category: Careers, Employment, Getting the Job Done, Litigation Tips, Trial Consulting

Attorneys, particularly trial lawyers, are paid to talk. Most of my clients are excellent talkers/speakers. Psychologists, on the other hand, are paid to listen, to observe, and to notice things other people often do not notice. There are other differences between these two very different professions and the types of people who are drawn to […]

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Another View

David H. Fauss, M.S.M.

On January 26, 2016

Category: Careers, Employment, Getting the Job Done, Litigation Tips, Trial Consulting

I don’t think I have been present during any of the scenarios Melissa has recounted in this series of posts, but I have heard about them 2nd hand, from her, and in some instances, others on our team.  But, it is not just that these observations were made, or experiences endured; it is amazing that […]

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Boozing it up before lunch – jurors wondering what’s wrong

A Point of View

Melissa Pigott, Ph.D.

On January 12, 2016

Category: Careers, Employment, Getting the Job Done, Getting Through Life and Work, Litigation Tips, Trial Consulting

The vast majority of my clients conduct themselves in a professional manner when we are working together. Then, there are the others, who are anything but professional. My company, Magnus, works with highly skilled attorneys who pay us a handsome amount of money for our consulting services. Usually, they want to take full advantage of […]

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Another View

David H. Fauss, M.S.M.

On January 12, 2016

Category: Careers, Employment, Getting the Job Done, Getting Through Life and Work, Litigation Tips, Trial Consulting

I don’t know if there are any jobs for which drinking on the job is appropriate.  Maybe wine taster, beer maker, etc., but certainly not anything that requires concentrated effort and attention to detail.  And, a mock trial may be a day out of the office and to some, just a play acting exercise, but […]

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Mistrial of mock trial

A Point of View

Melissa Pigott, Ph.D.

On January 6, 2016

Category: Getting the Job Done, Litigation Tips, Trial Consulting

Many people, when I tell them what I do for a living, inform me that I should write a book about my experiences, some of which are funny, others of which are scary, and still others of which are odd, strange, and curious. In this series of posts, I will describe some of my experiences […]

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Another View

David H. Fauss, M.S.M.

On January 6, 2016

Category: Getting the Job Done, Litigation Tips, Trial Consulting

The role of the “opposing counsel” is critical to our work.  We want them to become strong advocates for the other side’s case.  They must be strong advocates of the opposing position – a true devil’s advocate in the mind of the actual client. If they are not, the whole process suffers.  But, in this […]

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Story telling

A Point of View

Melissa Pigott, Ph.D.

On December 15, 2015

Category: Careers, Getting the Job Done, Litigation Tips, Trial Consulting, Work-Life

One of my responsibilities when helping my clients (all of whom are trial lawyers and litigators) is to suggest ways in which they can tell the story of their case, to captivate the attention of the jury, mediator, arbitrator, or judge. Almost everyone is familiar with story telling as a way of conveying information, but […]

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Another View

David H. Fauss, M.S.M.

On December 15, 2015

Category: Careers, Getting the Job Done, Litigation Tips, Trial Consulting, Work-Life

Unfortunately for the characters in the very real life stories surrounding many of the cases we handle, the endings do not result in living happily ever after.  Thus, the stories told to our mock jurors are often tragic.  But, regardless of the facts of the situation, the way in which the story is told by […]

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2 or 4 Groups?

A Point of View

David H. Fauss, M.S.M.

On September 10, 2015

Category: Business Frustrations, Careers, Employment, Getting the Job Done, Litigation Tips, Managing Employees, Small Business Success, Trial Consulting

There are at least 2 parts of the question which is the title of this post, “2 or 4 groups?”. Part 1 is the research question, and, it could be, is it 2 or 3, 4,…10, or more groups? The question is one we work through with clients when planning their mock jury/mock arbitration research. […]

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Prospective clients often ask, “So, how much is all of this going to cost?” to which I reply, “It depends on how much you want to know.” This answer may, at first, seem trite, but I do not intend it to be. I immediately follow this response with an explanation of how the cost for […]

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Data driven litigation

A Point of View

David H. Fauss, M.S.M.

On September 3, 2015

Category: Getting the Job Done, Litigation Tips, Trial Consulting

More and more, there are articles about “big data” and how businesses are “data driven.”  I find some of the applications for data analysis interesting and innovative.  However, what is striking to me is that many of these articles are written as if this is new news.  Maybe some of it is, but to me, […]

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Another View

Melissa Pigott, Ph.D.

On September 3, 2015

Category: Getting the Job Done, Litigation Tips, Trial Consulting

In my profession of social psychology, it is impossible not to be data driven! Data are the primary source of information I use to perform my job on behalf of my clients. I share David’s bemused attitude regarding recent media accounts of “big data” and companies becoming “data driven,” along with his recognition that these […]

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See what is there to be seen

A Point of View

Melissa Pigott, Ph.D.

On August 25, 2015

Category: Careers, Getting the Job Done, Getting Through Life and Work, Litigation Tips, Small Business Success, Travel, Trial Consulting, Work-Life

Just as many people are unable to listen, really listen, many people look without really seeing. I have always been a keen observer of my surroundings, including people and places. If I have gone to a place once, I know how to get there again. To place it in medical terms, I am oriented times […]

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As a photographer, I try hard to see what is there to be seen. This can be difficult when one doesn’t know what one is looking for. But, with a little effort, what is there to be seen emerges, on a macro or micro level. I have heard people say, “the Everglades are boring, there’s […]

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