Cognitive Legal Science V5

© 2009 MOSKOWITZ JACOBS INC.

© 2009 MOSKOWITZ JACOBS INC.Strategic Brand Developers: Research & Consulting

A Presentation ofAddressable Minds

COGNITIVE LEGAL SCIENCES

Maximize Efficiency and Organization To present your client in the most favorable way


Background

Addressable Minds Approach

Case Study

Deliverables

Timing and Fees

2Discussion Overview


Background

Cognitive Legal Science… A joint venture providing trial lawyers with a deeper understanding into how to tune

what they should say and should not say in order to present their client’s case in the most favorable way.

Partners: R. Rex Parris, Esq, founder of the R. Rex Parris Law practice , Los Angeles, CA Dr. Howard Moskowitz, founder of Moskowitz Jacobs, White Plains, NY Professor Jim Wren, assistant professor at Baylor Law School, Waco, TX

In 2008, R. Rex Parris read “Selling Blue Elephants” a book written by Dr. Moskowitz and Alex Gofman that described how through the use of scientific design and data collection methods, consumer goods companies identified new product ideas as well as optimized their advertising messages resulting in increased revenue.

Rex believed that messaging optimization was also appropriate in a legal venue and he contacted MJI.

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Professor Jim Wren joined the faculty of Baylor Law School in 2006, coming from a specialization in business litigation. He is board certified in Civil Trial Advocacy, Civil and Personal Injury Trial Law. Texas Monthly named him Texas Super Lawyer in Business Litigation each year since 2002. He is licensed for federal practice before the US Supreme Court, the Fifth Circuit Court of Appeals, and all Districts of Texas, a member of the teaching faculty of Trial Advocacy College and on the National Board Directors of Trial Advocacy, and state board of directors of the Texas Trial Lawyers Association.

The Founders

Dr. Howard Moskowitz is president and CEO of Moskowitz Jacobs Inc., He is a well-known experimental psychologist in the field of psychophysics and an inventor of world-class market research technology. He has written/edited 16 books and published over 300 articles. He has won numerous awards, among them the Scientific Director’s Gold Medal for outstanding research at the U.S. Army Natick Laboratories, the 2001&2003 awards by ESOMAR for his innovation in web-enabled, self –authored conjoint measurement.

R. Rex Parris, founder of R. Rex Parris Law Firm in Los Angeles, CA, has been representing victims of negligence in matters involving personal injury, wrongful death, legal malpractice and consumer class action for over 20 years. His dedication and tireless efforts has helped clients obtain multimillion dollar awards. Besides working as a personal injury lawyer he devotes a substantial amount of his time and income to improving the lives of young people and eradicating child abuse. He has also generously supported education in the Antelope Valley.

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Background

If IdeaMap.Net can help win market share…

Customer Focused Retail stores Retail banking Personal care Healthcare products Packaged goods Web sites

B to B -> Retailer / Manager Focused Retailer financing Physician Rep messaging

Market Segmentation Communication Targeting By Response Patterns…Mindsets By Behavioral and Attitudinal Segments

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High profile lawyer, Rex Parris, uses MJI’s Addressable Minds, powered by IdeaMap.Net to optimize trial arguments in historic $370 million award» White Plains NY and Los Angeles CA – July 28, 2009 Moskowitz Jacobs Inc. (MJI), a global leader in

Messaging Optimization Solutions, today announced that R. Rex Parris, the lead attorney for the employees in a defamation law suit, was instrumental in having $370 million awarded to his clients after utilizing IdeaMap.Net’s Addressable Minds solution to optimize his arguments.

» IdeaMap.Net’s Addressable Minds solution quickly identifies the most compelling combination of arguments in their case to maximize the likelihood of achieving the desired verdict. IdeaMap.Net’s Addressable Minds assesses and optimizes relevant content including framing statements, evidence, collateral factors, and even the nature/tonality of the witness.

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But can it help win court cases? Yes it can!

“This quantitative technique really helped me frame my courtroom arguments…The net result…The jury returned one of the biggest verdicts in the history of Los Angeles County for a defamation case”, said R. Rex Parris, the lead attorney. “The tested messages were dead-on. I knew exactly what to say and what not to say.”

Recent Press Release …


Maximize likelihood of winning your case by delivering the optimum argument…

Addressable Minds powered by IdeaMap.Net

Psychographic Segmentation - Social Class - Lifestyle Type - Personality Type

Behavioral Segmentation - Product Usage - Brand Loyalty - Attitudinal

Demographic Segmentation - Age - Gender - Income

Cuts across traditional segmentation & detects hidden preferences

Addressable M

inds

Segm

ent O

ne

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Decide whether or not to settle, based on the facts

Pleading Phase - Quickly organize your facts and know what to focus on and what NOT to focus on

Structure an efficient deposition process

Build a better voir dire process

Maximize the monetary award for your client

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When do you need to use Addressable Minds powered by IdeaMap.Net


How Does It Work &What Do You Get

-A Case Study -

The Landmark Los Angeles Defamation Case

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Study Overview and Timeline

» Case narrative provided by R. Rex Parris law firm July 9» Survey conducted via the internet ….

Los Angeles (zip code specific) 120 respondents (ages) who belong to an

internet research panel 4 groups split by ethnicity and gender

Caucasians African – Americans Hispanics Asians

Company pays for at least 10 days of jury duty 36 Messages tested

» Survey fielded July 13 » Study results reviewed with law firm July 20

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Study Stimuli

Case Narrative

Addressable Minds

Study Overview


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Subset of Original Case Narrative

Study Stimuli

Case Narrative

1. Sandra Jing worked for Mr. Santini for 17 years as his accountant.

3. Carlos Santini is one of the founders of Papas Jeans. He has a net worth of over $300 million dollars.

5. In 1994, Santini sold his interest in Papas Jeans to his brothers for over $200 million dollars.

7. In 2002, Santini and his wife reached a divorce settlement after a long and nasty court fight.

9. Santini used a very large amount of spending cash. It was Sandra Jing and Alison Faliciano’s job to make sure they withdrew as much cash as Santini requested from his bank account. Santini would use cash to, among other things, shower the visiting girls with gifts.

11. In 2004, one of these au pairs filed a harassment lawsuit against Santini Santini spent one million dollars fighting the case and investigating the au pair’s personal life. The au pair moved from California to Texas during the case, and Santini had her followed, and interviewed her family members and high school friends to harass her.

13. In 2005, Santini sold a building he owned in Beverly Hills for about $180 million. The sale involved the highest-ever price per square foot in Beverly Hills.

15. After the 2005 sale of his building, Santini took a close look at his finances. He said that he couldn’t believe that he spent as much as his statements reflected.

Study Overview

Addressable Minds


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Sample Study Messages Re-Grouped and Edited To Fit IdeaMap.Net Template- 6 Categories and 6 Messages Per Category -

Carlo Santini is one of the founders of Papas Clothing. He has a net worth of over $300 million.

About the defendant ( 6 elements total)

Study StimuliCase Narrative

Carlo Santini’s threats and accusations terrorized Ms. Jing and Ms. Feliciano because they knew that Santini has the wealth and power to do whatever he wants to them.

Emotional Distress( 6 elements total)

Santini has recently accused the Judge of being “a terrorist” and has said that Ms. Jing, Ms. Feliciano and other office workers had breached what he terms the “Terrorist Act Law.”

Bad Behavior( 6 elements total)

Sandra Jing worked for Carlo Santini, one of the founders of Papas, for 17 years as his accountant. Alison Feliciano worked for Carlo Santini for 10 years as an office aide.

About the plaintiff ( 6 elements total)

After losing his civil case against them, Santini has become increasingly harassing. He has sued the Judge, …“obstruction of justice” by dismissing what he called …

In 2008, Santini sued Ms. Jing and Ms. Feliciano, alleging that they stole millions from him. The judge dismissed Santini’s lawsuit, …

Accusations ( 6 elements total)

Harassment( 6 elements total)Study Overview

Addressable Minds



Introduction page … provides context for the Trier of facts panel

Study Overview

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Addressable Minds


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What does the Trier of Facts panel Evaluate

There are thousands of concepts developed for this research.

Each concept consisted of 3 or 4 messages. No two messages from the same category appeared on

the screen at the same time.» This allows IdeaMap.Net to decompose the concepts and

quantify the contribution each message has on your case. So in the end, you learn which statements:

Drive favorable impressionsHave no impactDetract from a favorable impression

» This method does not measure synergy among messages that comprise concepts.

» The Trier of facts panel evaluates “trial fact” vignettes.

» These concepts are developed by systematically combining the argument elements.



Sample Screen Example #1

Study Overview

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Addressable Minds



Sample Screen Example #2

Study Overview

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Addressable Minds


Results …

» What we learned about case information…. Some case information was very strongly favorable to the

client’s case Some case information had no effect on the e-panel Some case information were turn-offs, these decreased how

favorable the e-panel viewed the client’s case It was critical to pick and choose what worked best and avoid

what didn’t based on Addressable Mind segmentation

» We also learned there were important differences in how case information was viewed by:

Gender Age Race

» Tables on the following pages show a limited set of messages and the degree that information was viewed as favorable to the client’s case.

Numbers highlighted in green are strong influencers Numbers highlighted in red are strong detractors

Study Stimuli

Case Narrative

Study Overview

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Addressable Minds


Output: The Algebra of the Trier of Facts Mind

» A statistical model simulating the Trier of facts mind is built through regression modeling techniques.

Input 2e-panel Responses

Input 1

Combinations of Trial Facts

(Experimental design)

Regression Analysis

Output: Algebra of the Mind

The additive model relates the presence/absence of each individual message to the e-panel responses in terms of

unfavorable/favorable information.

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Understanding the Output

» Each case element is assigned an impact score that represents the importance contribution of that element.

» In addition to the individual element impact scores, the regression analysis yields a “Constant”.

» Think of the constant score as a “baseline” level of motivation to start from when building an argument.

Positive values indicate that the respective

element enhances the likelihood of the desired

reaction.

Scores that are near zero indicate respondents are

indifferent to inclusion of that element.

Negative values indicate that the

respective element detracts from the desired reaction.

Constant (C) IndividualElements (I)

TotalImpact (T)

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Addressable Minds identifies segments with their respective high impact messages

Rational:» Strong messages may polarize

Effective for one Trier, ineffective & even negative for another

Approach:» Segmentation

Use to personalize messaging Simplifies profiling of prospective jurors

Learning:» 2 segments (differ on information that is viewed favorably for client)…

Segment 1 “False Accusations “and “Harassment’ - 74% Segment 2 “Defendant exhibiting bad behavior” - 26%

Action:» Choose jurors that are favorable to your case

Use messages to create typing tool to classify prospective jurors into pre-defined segments

Usually requires 4-8 messages from original study Need to use same rating question from original study

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Study Stimuli

Case Narrative

Study Overview

Addressable Minds


Findings by Addressable Mind segments(6 of 36 messages)

Accusation Seekers

Bad Behavior Seekers

(93) (32)31 44

D3 Santini filed a false 1099 with the IRS, alleging that Ms. Feliciano made over 1 million dollars in 2005 – the amount he alleged that Ms. Feliciano and Ms. Jing stole from him. Carlo Santini knew …

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D1 Santini harassed Ms. Jing and Ms. Feliciano by delivering dozens of letters and packages to their homes, threatening to “ruin” them and put them in jail for theft and calling them crooks. When Ms. Feliciano refused to accept the packages, Santini found out where Ms. Feliciano’s husband worked, and sent the harassing packages to him ...

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F5 ...The doctor has determined that there are significant risks associated with Santini's threats to ruin Ms. Jing and Ms. Feliciano,

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C4 In 2008, Santini sued Ms. Jing and Ms. Feliciano, alleging that they stole millions of dollars in cash from him. ... The auditors concluded that there was no evidence that either Ms. Jing or Ms. Feliciano had stolen anything from Santini.

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F2 After his divorce, Santini became addicted to painkillers. He would pay cash to Beverly Hills doctors and have prescriptions for painkillers filled in the names of his employees and relatives.

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F6 Santini has recently accused the Judge of being "a terrorist" … 9 12

BASE SIZE:CONSTANT:

Two Mindsets emerged… Segment 1 –

Larger group found examples of False Accusations and Harassment as favorable

Segment 2 - Found examples of Defendant’s Bad Behavior as favorable

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Findings by gender …Modest agreement by genderFemales seek specific, concrete information and found many messages strongly favorable to clientMales found many messages modestly favorable and 1 unfavorable

Findings by age…Modest agreement by ageOlder e-panelists seek specific, concrete information and found many messages strongly favorable to clientYounger e-panelists were overall more positive to the case information and also found a variety messages favorable to the client

Findings by ethnicity …Overall, Latinos are the most favorably disposed to the plaintiffsAll ethnicities find some messages favorable to the plaintiffs ; some messages have cross-over appeal but many work for one group and not the others

Findings by Demographic Groups22


Addressable Minds Voir Dire Tool

Seg 1 Seg 2 RatingsCONSTANT -3.195 -3.57

Seg 2In 2002, Carlo Santini and his wife reached a divorce settlement after a long and nasty court fight. -0.143 0.616 9In 2008, Santini sued Ms. Jing and Ms. Feliciano, alleging that they stole millions of dollars in cash from him. Santini hired outside accounting firms to audit his company. The auditors concluded that there was no evidence that either … 0.655 -0.028 9An expert on security needs and threat levels has determined that based upon his prior acts, power and extreme wealth, Santini's threats and increasingly volatile conduct have put Ms. Jing and Ms. Feliciano at risk. The cost of security for themselves… 0.115 -0.61 1Once he was divorced, Santini began to use a website for au pairs, or live-in nannies. He would fly young women – usually 18-22 – in from other countries for the stated purpose of finding someone to care for his teenage daughter… 0.131 0.826 5

Seg Value 1.451 5.242

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Study Stimuli

Case Narrative

Study Overview

Addressable Minds


Here is how we work together …

Actions steps CLS Hours Work DaysLaw Firm Prepares Case Narrative 4 MondayCLS drafts Interview and Study Materials 2 TuesdayCLS receives Narrative and places it into Test Format 6 TuesdayLaw Firm reviews survey materials ThursdayFinal Revisions Submitted by Law Firm FridayProgram Study Components 4 FridayLaw Firm Approval of Study via Internet Link MondayStudy Launches MondayData Collection Ends ThursdayRun Models / Create Data Tables 5 MondayCreate Typing Tool 3 MondayReview Results With Law Firm 1 Monday

Total Hours: 25

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Week 1

Week 2


Consulting Fees

» 50 to 60 billable hours at $250 per hour e.g. $13,000 (+/- 10%) and the cost of getting the panel (estimate $2,400 for 120 people)

» Includes: Project consultation, management and verbal analysis (up to 25 consulting

hours as outlined on the previous page. Additional consulting is billed at $250 per hour)

Highlighted, motivating case arguments N=120 Trier of facts panel equally divided among:

Up to 4 ethnic groupsTwo age groupsGender

• The above assumes sufficient representation in an Internet research panel in the jurisdiction of trial (geographic region to be determined)

Different specifications may require additional fees Addressable minds voir dire tool is available for an additional $2,000

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We offer solutions with actionable results - each engagement delivers a unique set of solutions and benefits.

MJI - For more information…

Moskowitz Jacobs Inc. - 1025 Westchester Avenue, 4th Fl. - White Plains, New York 10604 - (914) 421-7456 - www.mji-designlab.com

Bert KriegerExecutive Vice President

[email protected]

Daniel MoskowitzVice President, Research

[email protected]

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Cognitive Legal Science V5

Documents

baylor law

addressable

los angeles

lead attorney

rex parris

6 elements

business litigation

carlo santini