Archive | Litigation Tips

Do you really know what I’m thinking? Do you want to know?

In this final post inspired by a dreadful meeting David and I recently attended, I will cover a dangerous game played by some people. These people, none of whom are psychologists (or our counterparts in the medical field, psychiatrists), have an inflated sense of self and often believe other people share in their belief that […]

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There are several takeaway lessons from the fateful meeting which prompted this series of posts. One is definitely “know what you don’t know.” A favorite professor of mine once told me about the difference between smart, and not so smart, people. The smart ones know they don’t know it all and try to learn what […]

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Mirror Jury

A Point of View

David H. Fauss, M.S.M.

On November 10, 2016

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

Following the recent Bull theme yet again, anyone who has watched the first 2 episodes has observed Dr. Bull conducting a “Mirror Jury.” So, before you ask, a “Mirror Jury” or something by another similar name is real. The most commonly used term for this service provided by trial consultants is “Shadow Jury®.” Anyone notice […]

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Another View

Melissa Pigott, Ph.D.

On November 10, 2016

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

I must admit that the new TV show about jury consultants is a highly entertaining, fanciful, drama. (In my opinion, it does not come close to the entertainment value of my long time favorite show, “The Simpsons,” however.) Because the term, “Shadow Jury®” was a registered trademark formerly owned by Litigation Sciences (my former employer), […]

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Trial Science

A Point of View

David H. Fauss, M.S.M.

On November 3, 2016

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

The TV character Dr. Bull is proving interesting in that he has introduced some terminology that may be unfamiliar to attorneys and the general public. Dr. Bull references “Trial Science” which may lead some to wonder is there any science to a trial. Many trials involve forensic science, experts, engineers, and more, but the concept […]

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Another View

Melissa Pigott, Ph.D.

On November 3, 2016

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

My first job as a social psychologist working in the world of law was at a company called Litigation Sciences, Inc.  LSI, as it was commonly referred to, was one of the first companies that worked for attorneys involved in high stakes litigation.  LSI was founded in the late 1970s, meaning the kind of work […]

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The Sound of Silence

“The Sound of Silence” (originally titled, “The Sounds of Silence”) was written by Paul Simon, recorded by Simon and Garfunkel in 1965, and covered in 2015 by the band Disturbed. The premise of the song, according to Art Garfunkel, is the inability of people to communicate with each other in a meaningful way, resulting in, […]

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The meeting that inspired this series of posts was not quiet; there was little silence.  But, there may as well have been silence because the words being spoken were drifting into the ether with the hot air being expelled as they were spoken.  It was a surprising disconnect.  I know there were some explanations for […]

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The more you talk, the more you’ll convince me you have nothing to say

The more some people talk, the less they have to say about anything important. And, the more some people talk, the more I am convinced they have nothing to say. We have all met people who chatter on and on, saying many words about nothing in particular. Some people have “the gift of gab” and […]

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The last sentence of Melissa’s post is a variation of one of those things that everyone’s mother says to their children, or used to do so, “If you can’t say anything nice, don’t say anything at all.”  But that virtue has gone by the wayside in a world where the presidential candidates fight it out […]

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Marketing Research and Trial Consulting – The Connection

A Point of View

David H. Fauss, M.S.M.

On October 6, 2016

Category: Litigation Tips, Marketing your Business, Trial Consulting

Over the years we have used different ways to explain what we do, as trial/jury consultants for our attorney clients and their clients. One analogy which has resonated with most people is marketing research. Especially when the “end” client is a business person, the concept of marketing research is familiar. Whether it is a focus […]

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Another View

Melissa Pigott, Ph.D.

On October 6, 2016

Category: Litigation Tips, Marketing your Business, Trial Consulting

I frequently lecture to law firms, lawyers seminars, insurance company seminars, and other audiences. One of my most frequent lectures is entitled, “Utilizing Psychological Science in the Litigation Process.” At the beginning of this presentation, I review the four disciplines on which trial/jury consulting is based: (1) marketing research; (20) social psychology; (3) cognitive psychology; […]

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Mind Games

A Point of View

Melissa Pigott, Ph.D.

On October 4, 2016

Category: Getting the Job Done, Getting Through Life and Work, Life Outside of Work, Litigation Tips, Trial Consulting

“Mind Games” is the title of John Lennon’s fourth studio album, as well as the name of the song that is the title track. It was released in the fall of 1973. The expression, “mind games” is usually defined as a psychological tactic used to manipulate and/or intimidate someone, however, John Lennon’s lyrics for the […]

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Another View

David H. Fauss, M.S.M.

On October 4, 2016

Category: Getting the Job Done, Getting Through Life and Work, Life Outside of Work, Litigation Tips, Trial Consulting

Because Melissa is a psychologist, it has been fun over the years to watch people’s reaction to learning this. The question, “Are you psychoanalyzing me?” has been a frequent one. Perhaps as a mind game, and depending who is asking, she often says “Yes.” Truth is, at some level, she can’t help it. But the […]

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Telling the end client they need a new attorney

A Point of View

David H. Fauss, M.S.M.

On September 15, 2016

Category: Business Frustrations, Business Relationships, Getting the Job Done, Litigation Tips, Trial Consulting

One of the strangest outcomes of mock jury research is the realization, and documentation, that the attorney for whom we were working was not up to the challenge. Though we never anticipated this would occur, it has. And, it has happened more than once. The first time I recall this happening was when we were […]

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Another View

Melissa Pigott, Ph.D.

On September 15, 2016

Category: Business Frustrations, Business Relationships, Getting the Job Done, Litigation Tips, Trial Consulting

The majority of Magnus’ clients are attorneys who have super sized egos. Some of our clients’ egos are well deserved, in that they are stellar advocates on behalf of their clients. Other attorneys seem to have a self conception that does not match their accomplishments. (I am well aware this happens among people in other […]

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Around by Tampa

As some readers of David’s and my posts know, I am a fourth generation Floridian who was “born and raised” in Fort Myers, on Florida’s Gulf coast. Fort Myers was a small town when I grew up and many things we needed, for example, specialty medical care, were not available there. My family spent quite […]

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I’m from the east coast of Florida, Jacksonville to be specific. Before I met Melissa, I had been to Tampa and a few other west Florida cities only a few times. I certainly knew the basic geography, but not necessarily the most efficient routes to get to places like Ft. Myers, or even Tampa. So, […]

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Do what you say

As a follow up to a post in which I quoted a line from Jimmy Buffett’s song, “Clichés,” “Say what you mean and mean what you say,” I will add another thought, “Do what you say.” Many people talk about doing something, but when it comes down to actually accomplishing what they have talked about, […]

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This is a topic Melissa initiated – that’s how these posts work. One of us generates the topic and then becomes the first author/blogger. The first author writes what ends up in the left column of the post, the second author then responds. Many times the right column posts follows or expands upon the left […]

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