The Test of Memory Malingering (TOMM) is a method of identifying patients who may be exerting poor effort during neuropsychological testing. This study seeks to examine whether TOMM Trial 1 scores are useful in identifying patients whose overall TOMM performance does not indicate obvious poor effort. Hit rates of adequate performance on Trial 2 and the Retention Trial were calculated based on a fixed criterion of 45 or greater on Trial 1. Archival data were collected from a sample of 77 mild traumatic brain injured litigants and compared to each clinical sample described in the TOMM test manual (Tombaugh, 1996). Results show a hit rate of 100% for each group. Findings reveal that adequate Trial 1 scores predict adequate Trial 2 and Retention Trial scores, suggesting that patients scoring 45 or greater on Trial 1 are not likely to be suspected of poor effort based on overall TOMM performance.