Archive | Trial Consultants

Trial Consulting and “The Simpsons”

The reader may wonder, based on the title of this post, what is the connection between trial consulting and “The Simpsons.” No, trial consulting is not cartoonish, it is not usually funny, and our clients don’t say “D’oh!” like Homer Simpson when they are annoyed. The connection is merely time based and personal. I began […]

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Melissa and I have been together, personally and professionally, for longer than Simpsons. While I enjoy the show, she’s a bigger fan. And one thing about watching the series is that the path each episode will follow from beginning to end is never clear until the show is over! Each episode takes twists and turns […]

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Jury Duty: Hurry up and wait

A few weeks ago, a multi-colored piece of mail arrived at our house. Melissa got her hands on it when she checked the mail and, sounding like Nelson from The Simpson’s, said “Ha ha; you’ve got jury duty.” I’ll add, again – at least my 4th or 5th time in Broward County. While I’ve written […]

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Fortunately or unfortunately, David has been summoned for jury duty more than I have. And, given the length of David’s post about his most recent jury experience, I guess he has strong feelings about jury duty. In contrast to most people I know, I would love, absolutely love, serving my country as a juror. But, […]

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Disconfirming Stereotypes

A Point of View

Melissa Pigott, Ph.D.

On July 10, 2018

Category: Jury Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consultants

Many people, including those who should know better, use stereotypes as a basis for making important decisions. Although, by definition, stereotypes can contain “a kernel of truth” (according to Dr. Gordon Allport, who coined the term), they are often incomplete and sometimes, wrong. A recent conversation with one of my clients prompts this post. The […]

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Another View

David H. Fauss, M.S.M.

On July 10, 2018

Category: Jury Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consultants

More than once in her career, Melissa has had to disconfirm stereotypes. Millenials are the latest target and one variable in the equation is that the attorney with predilections against a particular group is often disconnected from that group. In the case of this attorney and millenials, there is a large age gap. And, I […]

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Busy is Good!

Being busy is a good thing when you own your own business, law practice, etc. I find it interesting, though, that other people do not share my perspective. From time to time, when speaking with someone who doesn’t quite appreciate that busy is good, I try to understand why. When this happens, the person to […]

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Busy is good. In fact, being busy is great! As the co-owner of a business, I am keenly aware that the only way we can survive, in the long term, is by being busy more often than not having work to do. Of course, as in most businesses, our work volume ebbs and flows, often […]

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Checking the Price Tag

A Point of View

David H. Fauss, M.S.M.

On June 28, 2018

Category: Jury Behavior, Jury Deliberations, Litigation Research, Magnus Insights, Magnus Research, Psychology, Trial Consultants, Trial Consulting

The old adage “if you have to ask the price, you can’t afford it” doesn’t apply to litigation. In part, this is because, especially in the context of civil litigation, affordability is not decided by the buyer. Buyers (insurance claims adjusters, for example) usually operate as if there is no price tag to check. We […]

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Most people are interested in knowing the price of something before they buy it. Typically, when the cost of an item is substantial, for example, the cost of a house, the buyer is keenly interested in knowing the factors that are important determinants of the cost, such as neighborhood, comparable sales, re-sale potential, etc. Litigation, […]

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People with Mental Health Issues Don’t Act “Normally”

Mental health, and the absence of mental health, are largely misunderstood by the general public. In that mental health concerns, including the rapidly increasing rate of age related dementia, are common within our society, it is time for people to come to terms with the variety of signs and symptoms of cognitive crises. There are […]

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As a psychologist, Melissa is acutely aware of mental health issues. However, in the last 10 or so years, the personal nature of her, and my, observations of mental health issues has grown, sadly, exponentially. This has included dementia related health issues of family and friends, as well as other mental health problems of family […]

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“You’re Making Me Look Bad” (Because I Didn’t Read the Contract)

More often than one may think, I’ve been told by attorneys, who are the majority of our clients, that they never read our contract. This usually emerges when some detail “surprises” them. Yes, they received and later signed the contract to authorize our work. Yet, they often indicate that they did not see or understand […]

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It has been my experience, more often than not, when someone says “You’re making me look bad,” it is actually the case that the person saying this is making himself/herself look bad. Think about it. How many times has someone else made you look bad? Looking bad is something most people can do on their […]

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Not Telling Client About Proposal

Some of these posts are prompted by the puzzling events which occur when operating a business, especially one with high stakes, with litigious people, and the stressors of succeeding when facing tremendous pressure and challenges. I recently met with an attorney who asked me to meet with him about a case and ultimately requested a […]

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Just when David and I think we have “been there,” “done that,” or “heard everything,” a new client dilemma surfaces. Never, in all the years (almost 3 decades, in fact!) I have worked as a trial/jury consultant have I known about an attorney who was a prospective client, after requesting both a meeting and detailed […]

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Help the Jury Succeed

I subscribe to an email publication called the Jur-E Bulletin; it is published by the National Center for State Courts. It is a very informative publication and I recommend subscribing to it as you never know what tidbits will be there to be learned. Like a few other posts in our blog, this one was […]

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I have been working in the realm of psychology and law for decades and it has always seemed odd to me that many attorneys view jurors as their adversaries. I have heard countless remarks made by attorneys that denigrate the intelligence, motivation, and decisions made by juries. In addition, I have selected juries on hundreds […]

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Made for TV Mock Trials

A friend/client sent me an article recently about a mock trial conducted in a high profile murder case in Texas which was featured on the television show 48 Hours. The article, by one of Magnus’ competitors, thoroughly discussed many of the reasons why the mock trial and real trial results were different. As it turned […]

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There are so many things wrong with the way in which these Texas attorneys performed their mock trial that it would take more than this post to comment on them. It is a travesty of justice for clients of attorneys who think they know more than anyone else about almost everything, including jury behavior. I […]

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