Archive | Litigation Consultants

False Positives

False positives are research or test results that are inaccurate and make one think the result is positive, when in fact, it is negative. With a medical test, for example, it could mean a blood test result indicates a problem when there isn’t one. There are, of course, false negatives, but I think in the […]

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In my world of science and statistics, a false positive result is called a Type I error, leading to a rejection of the null hypothesis.  For example, if the null hypothesis is that, absent changing one’s theory of a case, the case will be won, then improper research is conducted, leading the case to be […]

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Refocusing “on the Fly”

As the saying goes, the best laid plans… Change is part of our everyday existence as litigation consultants, especially in our world of keeping up with lawyers. We’re down in the chain of command, thus, when things change for our clients, they change for us. Just today, a lawyer calles about a change in his […]

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David and I have written about the need for flexibility in our world of work in prior posts.  Flexibility, and along with it, the willingness to change plans on a moment’s notice, are job requirements for everyone who works at Magnus.  I often find it difficult to explain to the “uninitiated” about why I never […]

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I Can’t Wait to Write a Survey

As a follow up to my previous post pertaining to things I love about my job, among my favorite work tasks is writing a survey. (Another of my favorite tasks is analyzing survey results, but I have written about that in a prior post.) Not only is writing a survey intellectually stimulating, the mere fact […]

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I recently posted about finding “the” answer.  Surveys are one of the primary ways we do that.  Surveys, in our world, take on different forms depending on the research methodology.  The number of sections, the number of questions, and the types of questions vary.  Most of our surveys involve paper and pen responses on “bubble […]

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The Answer

I saw a post on a Facebook friend’s page that said “You don’t have to know the answer, you just have to know how to find the answer.” That prompted a number of thoughts. First is the issue of “the answer.” Sometimes there is not a single answer. Sure, to basic mathematical questions there may […]

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Many people, some of Magnus’ clients included, look for the “easy way out” of many situations.  Often, there is an easy way out, for example, when a door is marked with an exit sign, or when a restaurant menu is placed in front of someone, or any one of the countless other situations we encounter […]

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10 Things I Love About My Job

I love my job! I truly do! My dear friend, Bob, has called me a workaholic since we met in 1980. I am a person who really likes to work! Being bored is not for me. I decided to think about the top 10 things I like about my job as a jury/trial consultant, which […]

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All non volunteer or pro bono jobs have extrinsic rewards – a paycheck.  Melissa and I are fortunate that our jobs also have intrinsic rewards.  That is, the personal rewards Melissa mentions of helping people – individuals and those collectively or in groups/companies – who are impacted by the lawsuits in which we are involved.  […]

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Foresight

I was listening to a segment on my local NPR station yesterday having to do with attempts to pass legislation that, among other things, will provide funds for much needed repair work on roads and bridges. The reporter said the United States spends less money on infrastructure than many other developed nations (in relationship to […]

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David’s post raises some good points, many of which have to do with the psychological phenomenon known as defensive attribution.  Defensive attribution occurs when an observer attributes the cause of a misfortune in ways that minimize their own fear of experiencing a similar fate.  Many people attribute other people’s negative experiences to a personal failing, […]

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Rust Never Sleeps

The trigger for this post was my need to prepare some paperwork for a client recently. It had been a few months since I had done this particular paperwork and, I’ll admit, I felt rusty. Rusty in the sense that it wasn’t as smooth a process as I would have preferred. When I realized it […]

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I like David’s reference to a Neil Young song!  “Hey hey, my my.  Rock and roll will never die.”  What great lyrics!  However, to get to the point of David’s post instead of singing along with Neil Young, I will pose a rhetorical question: How does one hone trial skills without practicing?  Sitting around, resting […]

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Calculated Risk

For a number of years, Melissa spoke to law students at Stetson University at the invitation of the late Professor Mickey Smiley. Professor Smiley did his students a favor, which I hope they later appreciated, of inviting successful trial lawyers, and at least 1 trial consultant, (Melissa) to speak to his trial skills class to […]

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Professor McKinley, “Mickey,” Smiley was a beloved law professor at Stetson University.  He passed away in 2016, following a lengthy tenure at Stetson.  Beginning in 1997 and continuing until Professor Smiley’s retirement in 2005, I had the honor of being an Adjunct Professor in the College of Law, where I lectured to students in his […]

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Illuminating Litigation

Many years ago an attorney shared with me why he liked conducting mock trials on his cases. He said that litigation without jury research is like driving in the dark without headlights. I’m not willing to say that trial lawyers are always driving in the dark, but I agree with his premise: mock jury research […]

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I frequently observe people driving in the dark with no headlights.  It is a dangerous thing to do because not only can the driver not see where he/she is going, but other drivers can’t easily see the “ghost vehicle” either.  On the few occasions when David and I went boating after dark, we saw boats […]

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Pay to Play

I’m writing this post after having recently received a solicitation from an attorney group asking for speakers for a big annual event. The “invitation” included a price list of what they expected speakers to pay. Despite the fact the audience would be perfect for us, marketing wise, Melissa immediately rejected the idea as something prohibited […]

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Psychologists are expressly prohibited from paying anyone to publish their research, lecture to any audience, or endorse their services.  Although attorneys and other professionals have different codes of conduct than psychologists, as a psychologist who works with attorneys, I am bound only by my profession’s ethical code of conduct.  It is abhorrent to me to […]

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