European Stars And Stripes (Newspaper) - August 7, 1988, Darmstadt, Hesse                                Sizing up jurors by Doron Levin new York times the juror was statuesque a full figure Beauty reminiscent of actress Jane  Vaughn a Dallas based trial consultant also noticed an unusually Short distance separating the juror s upper lip from the base of her nose. To Vaughn a psychologist and Dallas based trial consultant the woman s full figure indicated responsiveness and the distance Between her lip and nose gave away her vanity. In his View she wanted attention and would respond Well to it. Vaughn who charges up to $125 an hour for his advice to trial lawyers advised his client James Branton to direct comments to the woman during the trial and give her As much Eye Contact As possible. Bruce believed she would respond with a Good impression of us and listen to what we had to say recalled Branton a lawyer in san Antonio. She turned out to be an avid proponent of our Case in the jury  Branton s client subsequently was awarded $1.6 million As a result of the libel action in which Vaughn was a consultant. The use of sociologists psychologists and communications experts As trial consultants has grown sharply in the past decade according to a spokesman for the american society of trial consultants membership in the organization has grown to 150 from 35 since 1982. These social scientists often help lawyers formulate questions to use in trials and jury selection procedures in order to uncover hidden biases harboured by potential jurors witnesses opposing counsel and even judges. Armed with that knowledge lawyers May exclude potentially hostile jurors or Frame the interrogation of witnesses in a Way More advantageous to their client. Some lawyers Are troubled however by what they see As the proliferation of Legal consultants like Vaughn whose claims to scientific legitimacy Are difficult to substantiate. I do believe in integrating social science and the Law said Millard Farmer an Atlanta based lawyer who with psychologists and other lawyers represents indigent defendants in death penalty cases. Motivating employees by Elizabeth m. Fowler new York times Ith productivity so important to business american employees ideas in Many cases Are sought More vigorously now by management. As evidence Fordham University s graduate school of business is creating a Center for advanced management studies. It will emphasize Quality control largely on the basis of principles articulated by w. Edwards Deming the management expert who regards cooperation with workers As vital to Industry. And the Wyatt co., a benefits consulting firm recently published a study of employees attitudes that indicates new interest in the role of the work Force. Consulting firms have Long concentrated on Cost control with less attention paid to what motivates workers. Arthur r. Taylor the Dean of Fordham s business school Hopes the new Center will gain National  need a new kind of manager armed with new techniques and we think or. Deming is a Good place to begin to put the building blocks together he said. Now 88, Deming was a Prophet without Many followers in his native America when he advised japanese business leaders in 1950 on How to rebuild their War devastated Economy and How to change the world s View of Japan As merely a producer of Low Grade goods. Deming s thoughts about Quality improvement include these management should focus on satisfying customers. A Lack of worker cooperation is generally management s fault. Workers should not be hobbled by quotas but should be encouraged to offer ideas. Companies must continually introduce new products. Manufacturers should try to rely on just one supplier of a raw material and work with it to improve Quality. Management should use statistics to help measure Quality. But from everything i know about psychology anyone who says they can look at your nose or the texture of your hair and Tell what your attitudes Are or what you la do in a group situation like a jury is a  the jury selection consulting business began in the 1960s and 1970s As social scientists sought to Challenge the impartiality of juries in trials of such Antiwar activists As Philip f. Berrigan a former Catholic priest and his brother Daniel j. Berrigan a former Jesuit. The practice has now become widespread with civil and criminal attorneys routinely using social scientists to help them shape the attitudes of juries. Farmer who says he believes jury consultants May be useful to Widen the perspective of lawyers who have a limited Circle of friends and limited Contact with other socioeconomic segments of society also advises caution in their use. Philip Corboy a leading personal injury lawyer in Chicago said he does not allow trial consultants to make judgments about jurors and witnesses that he believes he should properly make by himself. Good lawyers know what to do he said. Consultants Are Only another resource " one of Corboy s resources is Edward Mika a full time Chicago cab Driver who occasionally earns $200 for a morning s work helping Corboy interview jurors. When the juror gives his or her address Mika immediately tells Corboy what neighbourhood the juror comes from As Well As the neighbourhood s ethnic makeup and level of affluence. James Rasicot a Minneapolis based trial consultant is known in Legal circles As the color Guy for his interpretive approach to the color of potential jurors clothing. Rasicot who holds degrees in psychology and sociology counsels clients that Bright coloured clothes generally Are worn by people who crave attention and have a concern for other people therefore they tend to be More favourably disposed toward the plaintiff in a civil lawsuit. Yellow he says is a tip off to a More intellectual fashion conscious free thinker dark Blue on the other hand is generally worn by a subtler More introverted personality who does not care As much about other people and thus might be a better juror for the defense. Rasicot who said he had about 300 lawyers As clients watches out for jurors wearing hoop earrings and costume jewelry Good for plaintiffs and jurors wearing rolex watches and three Karat diamonds Good for defendants. To Many in the Law however the debate obscures a More important Point. Even if these consultants were Able to positively predict How these jurors were going to behave which they can t that would t be Good said Maurice Rosenberg a Law professor at Columbia University. We Don t want jurors who we know what they re going to do. We want jurors with open  companies should provide training for executives and workers. Our position is that Quality improvement must be continuous a Wyatt spokesman commented. We Are shooting at moving targets All the time. Change is the Norm and stability the  some Deming principles have been adopted in other areas mainly in the statistics and engineering departments of universities such As the University of Wisconsin. The declining competitiveness of american Industry is a key reason for the Rise of management centers along with the shrinking of management ranks. Meanwhile the Wyatt co. Has been exploring the thinking of employees and some of the results resemble Deming s ideas. Among Wyatt s findings Are these workers see Little link Between their performance and their pay. Most employees like their jobs but worry about career advancement. Although companies do a Good Job of downward communication with the staff they do not encourage upward communication workers feel. Employees want to be asked about key work related issues. They want to participate. Right now that in t happening. Page 16 the stars and stripes sunday August 7, 1988