Archive | Litigation Research

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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When a Client’s Focus is Cost, Beware

Some people, including attorneys and insurance adjusters who are potential clients of Magnus, are more focused on obtaining the lowest price for whatever they are buying than the quality of what they are buying. Other people, in contrast, want the very best products or services money can buy. Most people, of course, fall somewhere between […]

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I don’t worry too much about whether we’re seen as a Mercedes, Cadillac or Buick. But I know we aren’t a Hyundai or, for heaven’s sake, a Yugo (for those who remember those eastern European beaters). What is most frustrating is when a prospective client seems to be shopping price, and price only. A problem […]

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RESPECT, addenda

We recently posted about RESPECT and used a couple of examples of how we were shown disrespect by our clients – “dissed” may be the current term for this. A friend (thanks Al) pointed out that the post might backfire if potential clients of ours were to think we’d post something negative about working with […]

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Many thanks to my dear friend, Al Weigand, for pointing out that there are sometimes multiple interpretations, including some that are unintended, of things we write. Al is a thoughtful, deliberative person who, upon reading the post about RESPECT, cautioned me that it could be interpreted by potential clients of Magnus as having the intent […]

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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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Why do we do this anyway?

I’ve been writing a number of posts recently that contain quite a bit of negativity. Negative events, negative people, me griping. I realized that some might question why Melissa and I do what we do – why we chase attorneys, why we work in such a contentious world. Some people we know can’t imagine working […]

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I became a psychologist to help people. Although I am not a clinical psychologist who helps patients overcome various psychological maladies, in my job as a social psychologist who consults with attorneys, 100% of what I do is aimed at helping those in need. I like to help people. I like to make a difference […]

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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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Racism is Alive, but Not Well

A Point of View

Melissa Pigott, Ph.D.

On July 24, 2018

Category: Getting Through Life and Work, Life Outside of Work, Litigation Research, Magnus, Magnus Insights, Magnus Research, Psychology

I have written several posts about my experiences with sexism, both in work and personal situations (for example, most men’s reactions to seeing my bass guitars, assuming they belong to David, due to the mere fact David is a man and I happen to be a woman, a woman who plays the bass!). Because I […]

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Another View

David H. Fauss, M.S.M.

On July 24, 2018

Category: Getting Through Life and Work, Life Outside of Work, Litigation Research, Magnus, Magnus Insights, Magnus Research, Psychology

One doesn’t have to look hard, even in 2018, to see overt racism. It might be obvious in Charlottesville, or it might be subtle, or not so subtle, as in many political discussions. While getting beyond the battles of the civil rights era is important, moving forward has proven difficult in the United States. Maybe […]

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