Archive | Litigation Tips

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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“You never know what a jury will do…”

A Point of View

David H. Fauss, M.S.M.

On August 20, 2015

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

I was recently a plaintiff in a lawsuit. I have been the client of lawyers a few times – a real role reversal for a trial consultant – and it is eye opening to see how the attorneys interact with their clients, and how the process works. The nature of my case is not important […]

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Another View

Melissa Pigott, Ph.D.

On August 20, 2015

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

The point of this post is “know your audience.” I was present when the mediator assigned to David’s case made the remark about settling the case due to never knowing what a jury will do. Although it is technically true that no one, included experienced jury and trial consultants such as myself, will know with […]

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Listen – really listen

As a psychologist, I am a paid listener. I listen more than I talk. I learn far more from listening than from talking. Most people, in my opinion, talk far more than they listen (and rarely do they have anything of great importance to say!). If one listens, really listens, there are many details that […]

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It is interesting to be an observer both of people (like our mock jurors) and of people’s listening skills (like our attorney clients). Attorneys are paid to talk, to argue, to persuade. But, when they come to us and we do mock jury or mock arbitration research, they have to utilize their listening skills when […]

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Don’t hire me just to make you look good; it might not work out like you planned

A Point of View

Melissa Pigott, Ph.D.

On February 17, 2015

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

Recently, a long time client accused me of being overly critical of his clients’ case. It seems that this client, a well respected attorney, and his law partner, another well respected attorney, were displeased that I did not perceive their case in the same positive light as they and their clients (attorneys for a huge […]

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Another View

David H. Fauss, M.S.M.

On February 17, 2015

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

The scenario Melissa described is one in which the “truth hurt.” And, for whatever reason, our attorney clients had not been as honest and open with their clients as they probably should have been. In addition, the lack of preparation on the part of a very busy, well respected, trial attorney was shocking. Don’t misunderstand […]

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