Archive | Psychology

Generational Work Ethics

Digressing before I get started, I begin this post by reporting that Melissa and I read many newspapers, magazines and professional publications to stay current. Melissa subscribes to and promptly reads many psychology journals and publications. This post was prompted by a January 2017 Monitor on Psychology article synopsis reporting findings from a meta-analysis of […]

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Stereotyping, although it is commonplace, is never a good idea. I will repeat: Stereotyping is never a good idea. Social psychologists, beginning with Dr. Gordon Allport in 1948, have studied stereotypes and their negative impact on decision making in a multitude of contexts. Research on stereotyping has, in general terms, revealed that stereotypes contain a […]

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I Don’t Care about Research

This post was inspired by a recent encounter I had with a young, inexperienced attorney who told me she did not care about research results; instead, she preferred to base her decisions on her past experiences.  Wow!  Hearing this statement was shocking, in and of itself, but hearing it from a young person was, in […]

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Sticking one’s head in the sand and digging in one’s heels when faced with new information  are two bad behaviors.  Melissa related this story to me upon her return from the courtroom and it amazes me as much as it does her.  I don’t know whether it is because this attorney is young, and as […]

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Ejecting Jurors – Rarely

A Point of View

David H. Fauss, M.S.M.

On January 5, 2017

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

When we conduct mock jury research, we slightly over recruit the mock jurors/participants to ensure that we have adequate coverage for the size of the actual trial jury panel. In Florida, this usually means recruiting 10 people to ensure we have enough mock jurors for a 6 person panel. Our show rate averages 8 people […]

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Another View

Melissa Pigott, Ph.D.

On January 5, 2017

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

The fastest way for a mock juror or other research participant to get kicked out of a research exercise is to insult, harass, or assault one of my staff members. My research associates and research technicians are top notch. They have been trained by David and me to perform all aspects of their jobs with […]

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You should have made me do it sooner

A Point of View

David H. Fauss, M.S.M.

On December 22, 2016

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

It is very rare that we ever get complaints from clients so it took me aback a few years ago when a client said, “I have one complaint.” The client was a defense attorney handling a very tragic case involving an electrocution and death. Few things are as horrible as electrocutions. He was defending the […]

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Another View

Melissa Pigott, Ph.D.

On December 22, 2016

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

As much as I believe my professional advice should be accepted, particularly by clients who have hired me to provide them with my advice, I have never, ever, been able to “make” or “force” a client to accept my advice. The consequences of an attorney’s failure to act upon my advice have, unfortunately, been dire, […]

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Crazy Mock Juror Story #5: Disappearing acts – where do they go?

A Point of View

Melissa Pigott, Ph.D.

On December 20, 2016

Category: Litigation Consultants, Litigation Tips, Psychology, Trial Consulting

In this series of “crazy mock juror stories,” I have been writing, until now, about specific instances involving mock jurors who conducted themselves in less than stellar ways.  I have many more funny stories, as well as others which are anything but funny, about my life among research participants, including mock jurors.  As a social […]

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Another View

David H. Fauss, M.S.M.

On December 20, 2016

Category: Litigation Consultants, Litigation Tips, Psychology, Trial Consulting

We know that occasionally a mock juror has become ill and left the research. We know that emergencies at home or with friends have caused a few mock jurors to depart early. But, despite making efforts to track them down even after the research, a few mock jurors have, over the past 25-30 years, vanished. […]

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Insights for Success

For many years, Magnus has used “Insights for Success” as a tag line in many of our marketing materials. We have recently reevaluated this concept in the process refining our materials. “Insights for Success” has much meaning, and history, to us. We at Magnus firmly believe that the trial consulting work we do helps clients […]

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As David wrote, “insights for success” has a long history in our company. We have been asked, countless times, for our success rate over the years we have been in business. Although it may appear, on the surface, that measuring our success is an easy task, in reality, defining success has proven to be quite […]

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The Psychology of Litigation

This is a topic I came up with because I’ve been thinking about what is it Melissa and I really do as trial consultants and in our company, Magnus Research. We know what we do, but it is sometimes difficult to come up with ways to explain it. And, especially as we encounter lawyers who […]

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My education and training in social psychology was aimed toward the pursuit of a career in academia. However, experiences in graduate school led me to the realization that I would be more suited for a career in applied social psychology (in the “real world”) than becoming a college professor. My skill set is broad, such […]

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Crazy Mock Juror Story #3: Shopping Spree

A Point of View

Melissa Pigott, Ph.D.

On December 6, 2016

Category: Jury Consultants, Litigation Consultants, Litigation Tips, Psychology, Trial Consulting

When scheduling mock jury research, I deliberately search for boring places where we can work without distraction. Sometimes, this is not possible, however, I try hard not to work in hotels or market research facilities with tempting amenities. Tempting amenities provide too many distractions for our mock jurors (and sometimes, to our clients) that have […]

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Another View

David H. Fauss, M.S.M.

On December 6, 2016

Category: Jury Consultants, Litigation Consultants, Litigation Tips, Psychology, Trial Consulting

It is frustrating how much time, and shoe leather, is wasted searching by these oblivious souls. We were all sweating this one, it was a big case, with the head of a major law firm as lead lawyer and the head the firm’s litigation department as the “opposing” lawyer for the day. Plus, their clients […]

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What have you got to lose by doing mock jury research?

A Point of View

David H. Fauss, M.S.M.

On December 1, 2016

Category: Business Frustrations, Getting the Job Done, Litigation Tips, Psychology, Trial Consulting, Trial Science, Work-Life, Workplace Technology

Advance warning, this post is positively self serving to our means of earning a living – trial consulting. Every once in a while, and more often than I think it should happen, I hear comments from prospective clients who say something like “my client or my co-counsel doesn’t think doing mock jury research is really […]

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It is a well known social psychological phenomenon that most people prefer schema congruent information over information that is incongruent with their schemata. (The reader is probably asking himself/herself, “What does this mean, in laypersons’ terms?”.) Most people have a certain way of viewing the world that, for them, is more important than reality, the […]

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Crazy Mock Juror Story #2: Fore!

A Point of View

Melissa Pigott, Ph.D.

On November 29, 2016

Category: Jury Consultants, Litigation Consultants, Litigation Tips, Psychology, Trial Consulting

This is the second post in the series about “Crazy Mock Juror Stories.” Anticipating the reader’s question, “Is she making this up?” the answer is, “These are true stories; really they are!”. I have often thought it is too bad we have to give the mock jurors restroom/smoking breaks. A common occurrence has been for […]

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Another View

David H. Fauss, M.S.M.

On November 29, 2016

Category: Jury Consultants, Litigation Consultants, Litigation Tips, Psychology, Trial Consulting

Fore, as in forewarned! Jurors, mediators, and judges are people, just like the rest of us. People do strange things. I don’t know whether the subject matter, that is, the case being mock tried, was so boring that the juror/golfer found it more interesting to spend his time chipping away than return on time. But, […]

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