Archive | Trial Consulting

Crazy Mock Juror Story #1: If we’re in Miami, that must be cocaine

A Point of View

Melissa Pigott, Ph.D.

On November 22, 2016

Category: Litigation Tips, Psychology, Trial Consulting

This is the first in a series of posts based on a general theme, “Crazy Mock Juror Stories.” I have been working with human research participants since 1977; in the early days of my studies and career, we psychologists referred to anyone who participated in our research as “subjects.” Now, the socially acceptable term is […]

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Another View

David H. Fauss, M.S.M.

On November 22, 2016

Category: Litigation Tips, Psychology, Trial Consulting

I was in the office the day of this particular event, but not directly participating in the mock jury research. However, when the hunt was on for the missing mock jurors, I became aware that something was amiss, especially upon seeing Melissa’s (that is, Dr. Pigott, during business hours) expression. Clearly something was wrong, but […]

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The Psychology of Medical Malpractice

A Point of View

David H. Fauss, M.S.M.

On November 17, 2016

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

In the September 2016 Monitor on Psychology, there was an article entitled “Medical Errors are the Third Leading Cause of Death in the United States.” My reaction was “WOW”; it’s hard to believe medical errors are responsible for more deaths than respiratory ailments, strokes, Alzheimer’s Disease and are only surpassed by heart disease and cancer. […]

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Another View

Melissa Pigott, Ph.D.

On November 17, 2016

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

Psychologists who have analyzed data from numerous adverse medical situations have identified 5 types of errors that cause medical mistakes: (1) errors of commission; (2) errors of omission; (3) errors of communication; (4) errors of context; and (5) diagnostic errors. The underlying problems that lead to medical errors have been studied by psychologists because many […]

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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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A woman can be, and is, the boss

I have written several previous posts about sexism and its prevalence in many aspects of today’s society. Although there are numerous examples of the removal of gender barriers in many segments of the business world, there remains, in my opinion, an assumption among many people that, being “the boss” means being a man (and a […]

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I have always been cognizant of the risks of assumptions – there is that adage about assuming which works pretty well. I want to know who’s who and would never want to “step in it” as the person Melissa describes. My career is fairly unique in that I have mostly had women bosses. Even now, […]

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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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Working through a hurricane.

Here we go again. Water, check. Gasoline for generators, check. Food-Publix, check (store was packed). Propane for grill, check. Checklist checked, check. More to do, check. The waiting begins. As I’m writing this, a tropical storm watch has been issued for our geographic area – the next 3 days will tell what Hurricane Matthew has […]

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Fortunately, South Florida was spared from a recent hurricane. All of the planning, preparing, and shopping were, thankfully, a huge waste of time, in that nothing more than a little wind and rain came our way. David calculated that we each spent 30 hours, 60 hours between the two of us, and probably 20 to […]

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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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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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