Archive | Jury Deliberations

Alternative Venue Research

In a prior post which I initiated, I wrote about how not to do jury research. That post was prompted by a call from a prospective client who wanted to hire us, but wanted to specify every aspect of the research, but all of those approaches were wrong in our estimation. Specifically, he wanted the […]

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There are valid reasons for conducting mock jury research in a venue other than the trial venue. As David pointed out, when the trial venue is in a sparsely populated area, it is sometimes risky to conduct jury research in the venue because: (1) there is a risk of “contaminating” the jury pool, meaning there […]

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Reducing Uncertainty

This post builds on the evolution of our experiences as trial consultants and goes further back in that history than a related post on a similar topic.  When Melissa and I first developed the marketing materials for our new trial consulting practice (in 1993), we started from scratch on everything.   In time, we developed […]

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As I have mentioned in previous posts, attorneys and psychologists have vastly different personalities and philosophies of life. As a social psychologist, I am, first and foremost, a scientist. Generally speaking, I require facts, figures, data, statistical analyses, and other science based information to make an informed decision about something important. Absent this type of […]

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Defining Success

As trial consultants, we work in a field where defining “success” is somewhat elusive. We have talked around this in other posts, but will explain it further in this one. In the civil arena in which we work most often, the outcome variables are a verdict comprised of liability and damages. While lawyer advertising often […]

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The primary difficulty in defining success, when it comes to evaluating a jury verdict, is that there is no objective way to measure it. In psychology and other scientific endeavors, there is a control group, which receives no experimental manipulation, and is thus, considered a baseline by which to measure the results of the experimental […]

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Debugging the Case

When I am wearing my marketing hat (one of many hats I wear, as discussed in other posts), I often find myself looking for ways to explain what a trial consultant does for a trial lawyer. As hard as it is for me to repeatedly explain, after 25+ years in this field, I frequently find […]

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As of this writing, I have consulted on thousands of high stakes civil cases. So far, there has never been a client who retained my services (or those of my employers, prior to the time David and I founded Magnus) because he/she believed he/she had a perfect case. Quite the contrary: 100% of the cases […]

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Won some should have lost; lost some should have won

In writing about the window of opportunity for trial consulting, I reflected on who are our “best” clients, and why.  Our best clients are the attorneys who “get it” – who understand what we do, what goes into it, and what they will get out of it.  But, how do they know these things?  They […]

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Despite what many people believe about themselves, it is impossible to know everything there is to know. A “know it all” never knows it all! Not to mention the fact that “know it alls” are rarely the most popular people! I have been working as a trial consultant for a very long time; so long, […]

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Window of Opportunity for Trial Consulting Work

Recently I’ve received calls from attorneys who wanted mock jury research on their cases, but the calls have come so late that I have been reflecting on when the window of opportunity is open for mock jury research. I have mentioned this issue in other posts, but because I’m noticing this recent spate of last […]

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Attorneys and social psychologists share few personality traits. Different types of people are, of course, drawn to different occupations. Social psychology is a research based doctoral degree; as such, it attracts people who are detail oriented; mathematically inclined; proactive; possessive of highly advanced logical reasoning skills; capable of designing, executing, and analyzing complex research programs; […]

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How NOT to do mock jury research!

I recently had a telephone call from a prospective client who wanted help with a case going to trial within 2 weeks of his call. It was a big case and he asked that we conduct mock trial research on a specific Saturday (which was 10 days after the call), in our home venue (despite […]

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No one hates to turn down work, and more important, revenue generated from work, more than David and I do. However, we have turned down quite a bit of work over the years, for a myriad of reasons. In the recent unfortunate instance David mentions, any of the incorrect and unreasonable requests the prospective client […]

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Jury Duty

A Point of View

David H. Fauss, M.S.M.

On February 2, 2017

Category: Jury Behavior, Jury Deliberations, Litigation Tips, Psychology, Trial Consulting, Trial Science

Jury duty is one of those things that brings up a groan from many people – not unlike the idea of going to a dentist. Of course, we at Magnus, and the clients we support, depend on jurors, or rather prospective jurors, to show up to participate when summoned. That, however, is not the focus […]

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Another View

Melissa Pigott, Ph.D.

On February 2, 2017

Category: Jury Behavior, Jury Deliberations, Litigation Tips, Psychology, Trial Consulting, Trial Science

I have lost count of the number of times people ask me how to “get off” jury duty. Despite knowing my occupation and perhaps, in spite of knowing my occupation, these individuals persist in believing I am going to tell them to look and/or act strangely, say ridiculous things, or provide them with other ways […]

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