Archive | Litigation Consultants

Get it Right – The First Time & Every Time

Not too long ago, I attended a lawyers’ luncheon at which the speaker was the president of the Florida Bar. He made a few comments about various challenges lawyers face with their clients, specifically, the expectation by the client that they essentially have all of the answers so that they get it right the first […]

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Attorneys do not usually have advanced degrees in psychology or social science. As such, many attorneys do not have a full understanding of the scientific method, scientific research techniques (including proper sampling of research participants), human decision making, group dynamics, etc. That is why, of course, attorneys routinely turn to Magnus (or one of its […]

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Laugh at yourself

Some people take themselves too seriously. No one is infallible; everyone makes mistakes. Some mistakes are made by us, other mistakes are made by someone else, and many are more situationally than personally based. How each person chooses to respond to mistakes, negative situations, and life, in general, is an important part of his/her personality. […]

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I see the humor – the absurdity – of showing up at the fancy hotel, feeling like I was Jed Clampett limping along in his jalopy. In my defense, my lack of humor in this situation was primarily fear that we would not safely make it to our destination. There was no way I could […]

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Shaman Trial Consultant

I’ve been on a bit of a “tear” lately about caveat emptor. Hiring a trial consultant requires due diligence because, unfortunately, it doesn’t take much to hold oneself out as a trial consultant. A lawyer, a physician, a plumber, an electrician or a hairstylist has to be tested and licensed. We don’t. While there has […]

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Just for the fun of it, I verified that a Doctor of Philosophy, abbreviated Ph. D., is the highest academic degree awarded by any university. That’s right, dear reader, the highest degree. Whatever other degrees anyone may have, it is not possible to have a degree higher than a Ph. D. Please excuse me for […]

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Act like the cat

As everyone who knows me will confirm, I love cats! I have spent a lot of time with a lot of cats, including my own cats, other people’s cats, and the cats who were available for adoption when I worked at the Humane Society in Miami during college. Cats, unlike humans, rarely appear to make […]

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I kicked our cat the other night. It was an accident, really it was. One thing about many cats, ours included, is that they can be stealthy when they want to be – it’s all about survival. Rex sneaked up behind me when I was packing – an activity he has learned to dislike because […]

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Have favorite things

I try to approach life with a sense of curiosity and wonderment. I also like to have fun! My dad instilled a sense of curiosity, wonderment, and fun in me early in my life. During our family’s dinner time, Dad would ask Mom and me what we did that day, as well as what was […]

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I’m not quite as big a favorite thing person as is Melissa; I sometimes have difficulty telling her my favorite song or similar detail from a concert. Even in RUSH shows where the songs, and visuals, compete with each other, it is difficult for me to pick a favorite. I have some favorites, like my […]

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When losing is winning. Part 1.

Everyone wants to win, right? This post is being written to say winning isn’t everything. At least not in a mock trial. Regardless of whether it is a mock jury, mock arbitration, mock bench trial, or whatever, the process is not about winning. It is about debugging the case. It is about finding the problems […]

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The purpose of mock trials is not to “win,” rather, the purpose of conducting any type of litigation research is to assess the strengths and weaknesses of a case. In the decades I have been conducting pre-trial, pre-mediation, and pre-arbitration research for attorneys, I have worked with numerous clients who “get it,” and who truly […]

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Objective Data for Better Decisions – Proof for Others

I had a conversation yesterday with a client that prompts this post on a topic I’ve had on hold for sometime. When a trial consultant conducts mock jury research, or mock arbitration, or a mock bench trial, the consultant is collecting objective data to report to the client as to the specific results or verdicts […]

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At Magnus, we are “all about” data. And, just to be sure the reader knows this, “data” is the plural of “datum,” therefore, when one refers to data, to be correct, one must say things such as “the data are,” “the data have revealed,” “the data confirm,” etc. instead of wrongly describing data as if […]

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Better Safe than Sorry

A client of ours recently told me his motto was better safe than sorry. This was in the context of setting a meeting and allowing adequate time for Miami traffic – which can be a real challenge. But, his motto is something I’ve often thought about and attempted to use, tactfully, with potential clients who […]

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I am a firm believer in the motto, “better safe than sorry.” I am a careful, conscientious person who checks, then re-checks, then re-checks my work, in an attempt to prevent errors. Many of Magnus’ potential clients, however, prefer to “fly by the seat of their pants” then hope for the best outcome, sometimes having […]

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Don’t give them a freebie

The title of this blog is a something I tell new Magnus staff when trying to explain the need to do their job with as near perfection as is humanly possible. Don’t give the client anything to complain about – that’s the goal. Not that there won’t be any complaints, but make them about things […]

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Decades ago, Magnus had an employee who believed she could learn only as a result of making mistakes. She assured David and me, upon making mistake after mistake, that she never made the same mistake twice; rather, she made new mistakes that she truly believed were acceptable. Needless to say, we were quite relieved when […]

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Jurors and the Internet

During my recent jury duty experience, I noticed posters around the assembly room entitled “Juror Responsibilities Regarding the Internet and Social Media” produced by the National Center for State Courts and Center for Jury Studies. I am well aware of the issues related to jurors and social media or the internet. And, I think I’d […]

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David probably violated a rule when he took a photo of the sign, “Juror Responsibilities Regarding the Internet and Social Media.” The courthouse personnel who posted the sign should have posted another sign that said, “Take no photographs of this sign.” During Magnus’ jury research projects, I fill the role of the judge, meaning I […]

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