Archive | Getting the Job Done

Help the Jury Succeed

I subscribe to an email publication called the Jur-E Bulletin; it is published by the National Center for State Courts. It is a very informative publication and I recommend subscribing to it as you never know what tidbits will be there to be learned. Like a few other posts in our blog, this one was […]

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I have been working in the realm of psychology and law for decades and it has always seemed odd to me that many attorneys view jurors as their adversaries. I have heard countless remarks made by attorneys that denigrate the intelligence, motivation, and decisions made by juries. In addition, I have selected juries on hundreds […]

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Return calls, Reply to emails, Be courteous

Many things in the lives of adults are related to the way in which we were brought up as children. If, for example, someone was taught by his/her parents to prefer Fords over Chevys, or to cheer for the Pittsburgh Pirates instead of the Boston Red Sox, these long standing habits are likely to be […]

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Melissa approaches the topic of “Return calls, Reply to emails, Be courteous” as an etiquette issue, and it is. Working for and with trial lawyers is challenging, sometimes. The general public’s impression of attorneys is not always the most favorable, to put it simply. The perceived lack of courtesy may explain part of that. And, […]

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Made for TV Mock Trials

A friend/client sent me an article recently about a mock trial conducted in a high profile murder case in Texas which was featured on the television show 48 Hours. The article, by one of Magnus’ competitors, thoroughly discussed many of the reasons why the mock trial and real trial results were different. As it turned […]

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There are so many things wrong with the way in which these Texas attorneys performed their mock trial that it would take more than this post to comment on them. It is a travesty of justice for clients of attorneys who think they know more than anyone else about almost everything, including jury behavior. I […]

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Dialing for Dollars

Part of my job operating a small business is marketing; part of that marketing effort involves making sales calls. I think most business people, small or large, can relate. It (the business) is (almost) all about the marketing. Some of these are to “friendlies” – that is, past clients or contacts. Some of these calls […]

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In our business, sales and marketing calls are a fact of life. I daresay I have spent more time during my career in marketing/sales pursuits than in doing any other task. If there is no marketing, in fact, there will be no work for anyone at Magnus to perform. Over the years we have been […]

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The “Trial Show”

Two recent cases on which we conducted mock trials prompted this post. In the first, the lawyers presenting the case did so using 8×10 photographs of the incident scene which they held up in front of the group of mock jurors. No enlargement, no projection, just a photo. Post research, I attempted to “encourage” the […]

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Most people learn new information via more than one method, including auditory, visual, and kinetic means. Reliance on only one method of learning may or may not be sufficient, but considerable research has shown learning that involves multiple methods is more likely to result in greater memory for what was learned than learning that takes […]

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Impression Management, part 2: Snap Judgments

A recent article in the Wall Street Journal (January 31, 2018, page A9), “The Mistakes You Make in a Meeting’s First Milliseconds,” by Sue Shellenbarger, prompted me to think about first impressions in the courtroom. And, particularly, the jurors’ first impressions of the attorneys. While the attorneys’ first impressions of jurors and witnesses, both fact […]

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I routinely remark to the attorneys who are my clients that the jurors are the “only perfect people in the world.” That is, when one’s fate, and the fate of one’s client, rests in the decision made by a jury, the jury’s decision is final. Furthermore, the jury’s final decision may or may not be […]

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Rewards/Reinforcement

Learning about the relationship of environmental events and behavior is known in psychology as instrumental conditioning. Instrumental conditioning has been studied extensively since the late 1800s, when a psychologist named Dr. E. L. Thorndike devised the “law of effect.” The law of effect, in its simplistic form, is a successful behavior will increase the probability […]

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Over our many years in business, we have used rewards in the form of bonuses or gifts to employees for jobs well done. These have taken various forms, whether end of year/holiday bonuses or a bonus for a research day completed well, as well as other forms, like gift cards for dinners or weekend getaways. […]

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Persuasion

The study of attitudes and attitude change has a long tradition in social psychology. Related to attitude change is the concept of persuasion, the process by which attitude change occurs. In my role as a litigation/jury consultant, I assist attorneys become persuasive communicators, with the goal being to convince the jury, arbitrators, or judge to […]

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Litigation is unique, when compared to other arenas where persuasion is important, such as advertising or marketing. With an advertising campaign, the ads, whether billboards, print media, social media, television, radio, or other formats, are often tested with focus groups, etc. And, once refined, the ad campaign is launched in a fashion where a wide […]

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The New World Order

Melissa and I have attempted do two things consistently with the posts we write. First, we try to be tactful, and not insult anyone. Second, we strive to be timeless, not dating our posts by the topic. This post breaks the 2nd rule, but hopefully, not the first objective. The topic is what some have […]

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Although many people cannot agree about politics, most people will agree politics have divided us into “us and them” factions more than, perhaps, any time in recent history. All of the people who are “us,” whatever that means on a personal basis, believe all of the people who are “them” are wrong, while all of […]

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Sleeping Beauties

The role of a trial juror is critical in American justice and yet, jurors are often criticized collectively by many trial lawyers and the general public. Being a juror is a difficult job; sitting in judgment of your fellow citizens can be very stressful, and trials are not nearly as exciting and fast paced as […]

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Sadly for most people who are selected to be on a jury, there are few attorneys who possess the oratory skills required to keep them interested in the case, not to mention engaged. I have had the pleasure to observe some skillful trial lawyers in my career as a jury/trial consultant, including Buddy Payne, J. […]

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