Archive | Psychology

Debugging the Case

When I am wearing my marketing hat (one of many hats I wear, as discussed in other posts), I often find myself looking for ways to explain what a trial consultant does for a trial lawyer. As hard as it is for me to repeatedly explain, after 25+ years in this field, I frequently find […]

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As of this writing, I have consulted on thousands of high stakes civil cases. So far, there has never been a client who retained my services (or those of my employers, prior to the time David and I founded Magnus) because he/she believed he/she had a perfect case. Quite the contrary: 100% of the cases […]

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Won some should have lost; lost some should have won

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 […]

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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, […]

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Po’ Monkey

During the summer of 2016, in July to be specific, David and I took a road trip to the Mississippi Delta. The purpose of our trip was to learn about, and experience first hand, blues music. As every serious fan of rock and roll music knows, and according to Muddy Waters, “The blues had a […]

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I had no idea what to expect when we ventured out on this Mississippi trip. I, too, read up a bit, but was still not sure. Melissa had done more research and her knowledge of the Blues is stronger because she has spent many years absorbing information while playing bass guitar. She has gained a […]

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Window of Opportunity for Trial Consulting Work

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 […]

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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; […]

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Cliques

I recently authored a post about poseurs. This is post is on a closely related topic, cliques. Cliques are present in almost all social groups. Social psychologists have, for decades, conducted research on in groups versus out groups and the societal roles played by these categorizations of people. Generally speaking, we humans prefer to socialize […]

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Other than being in the band, marching and concert, for much of junior and senior high, I don’t think I found myself in too many cliques.  And, I’ll report that, even within the unit of the band, there were sub cliques of those who thought they were the best of the bunch.  While I was […]

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Poseurs

We all know poseurs. Poseur is a French word derived from pose and poser and as we all know, it is used to describe someone who adopts a fake or insincere way of presenting himself/herself to others. There are all kinds of poseurs, including many politicians and celebrities, who affect their public image in ways […]

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I’m sure that Melissa and I are compatible because we share this genuine personality trait. I’ve never “gotten” or understood the poseurs – whether high school jocks or cheerleaders, or in any other context, including our current work. I know that in our current work, trial consulting, our clients have to put on a “show” […]

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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 […]

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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 […]

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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 […]

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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. […]

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I am of the Universe

A Point of View

Melissa Pigott, Ph.D.

On March 7, 2017

Category: Common Courtesy, Getting Through Life and Work, Life Outside of Work, Psychology

Here is some free advice: Do everything you can to avoid attending someone else’s class reunion.  No one wants to meet anyone new at a class reunion; everyone is there to see their old friends.  And, the person who brings you as the “plus one” will ignore you during the reunion to spend time with […]

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Another View

David H. Fauss, M.S.M.

On March 7, 2017

Category: Common Courtesy, Getting Through Life and Work, Life Outside of Work, Psychology

Sometimes, you just don’t know how things are going to play out. This was as a class reunion for a (my) dysfunctional high school class, the only get together since the staid 11½ year reunion – and now this attempt, at about 37 years post graduation. It started innocently enough as an idea between a […]

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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 […]

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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 […]

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