Isn’t this stuff just common sense? Part 2 – Jury Consulting

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Isnt this stuff just common sense? Part 2
Jury Consulting

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David H.Fauss Point of view Misinformation is a
dangerous thing. Im sure it happens in every
field, but due to the fact that there are no set
standards for qualifications of trial
consultants, misinformation abounds. Trial
consultant qualifications are a topic for another
post, but in this post I want to relate some of
the non common sense parts of trial or jury
consulting. I will never forget an attorney who
said to us, My clients hire me because they
think I know how to try cases how can I tell
them I need to hire a consultant to tell me how
to try cases? He was serious! The answer of
course, is trial consultants complement the trial
lawyers skill set by analyzing what we term the
human dynamics of litigation.
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Trial consultants, especially those who are
psychologists, are experts on human behavior and
decision making. These are not subjects taught
to lawyers in law school. A few, very few, of
the attorneys with whom we have worked have had
undergraduate degrees in psychology. Only1 or 2
had advanced degrees in the social sciences. As
a result we (mainly Melissa) have had to educate
them on many aspects of human decision making.
Concepts like primacy and recency are fairly well
understood. Less understood are concepts like
defensive attribution. Explaining how we use
statistics to evaluate survey responses and
develop juror profiles is also a challenging
thing. We report survey responses in the
aggregate in chart form and some attorneys have
said they do not understand how to read charts or
understand research results. All of which is to
say, what we do as trial consultants is designed
to complement the trial team and provide
expertise beyond that possessed by trial lawyers.
The concepts understood by, and expertise
possessed by, qualified trial consultants can be
learned, after all 4 to 6 years of post graduate
education is a learning process, but they are not
common sense.
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Melissa Pigott Point of View Knowing what one
doesnt know is, in my opinion, just as important
as knowing anything else. For example, I have no
hesitation in obtaining the professional opinion,
as well as following the advice of my dentist,
who spent many long years in dental school during
the time I was studying for my Ph.D. in social
psychology. Along these lines, I cannot
understand why someone who does not have a Ph.D.
in social psychology believes he/she knows
anything, not to mention, just as much, as I do
about my field of expertise! I am often asked, in
social settings, why I, as a psychologist,
believe this, that, or the other thing, only to
be interrupted by some uninformed person who
insists everyone knows the answer to the
question I have been asked. When this happens, I
usually let the uninformed person blather on,
preferring instead to refresh my drink or take a
stroll out of this persons presence. However,
when I am with a client or a prospective client
who, like the uninformed party guest, says
something to indicate he/she believes my highly
trained observations and recommendations are
nothing more than common sense, I cannot, of
course, disengage myself instead, I must
painstakingly and politely explain why nothing
could be further from the truth.
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Due to the vast personality differences between
most trial lawyers/litigators and psychologists,
it is almost impossible for a psychologist to
win an argument with a lawyer, particularly one
who truly believes his/her misinformation is
correct. I have found that, for me, the best
approach is a kind expression conveying something
along the lines of you poor lost soul, followed
by an explanation peppered with research results,
statistical premises, and other information that
contrasts with the incorrect information, and if
that doesnt work, challenging the uninformed
person to work with me, then tell me I dont know
something more about people, psychology, jury
behavior, group dynamics, etc. etc. than what can
be derived from mere common sense.
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Author Bio The writers Melissa Pigott and David
H. Fauss are the co-founding partners of Magnus
Research Consultants, Inc., and Magnus Graphics,
Inc. Magnus Research provides jury research and
trial consulting services for civil and criminal
litigation. Magnus research is customized, on a
case specific basis, to maximize the results of
litigation. Magnus scientifically evaluates
jurors or fact finders (arbitrators, mediators)
responses to case issues by using attitude
surveys, jury focus groups, mock trials, and mock
arbitrations to develop case strategies, themes,
voir dire questions, and more. Voir dire
consultation and witness preparation are also
available. Magnus provides Insights for
Successful Litigation. Magnus has worked on
cases throughout the United States, in both
federal and state courts. The Magnus team takes
pride in providing quality work. Please visit
www.magnusweb.com for more information.