Archive | Litigation Tips

Excuses versus Legitimate Reasons for Jury Duty Dismissal

This is the third, and final, post about my recent experience with jury duty in Fort Lauderdale, Broward County, Florida. As readers of David’s and my blog know, I have spent much of my career as a jury/trial consultant assisting attorneys selecting hundreds of juries. In addition, I have conducted numerous scientific studies of jury […]

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Not only have Melissa and I heard the question, “How do I get off of jury duty?” too many times to count, but Melissa hears the excuses on a regular basis.  And, I’ve taken random calls, from strangers, asking how to “get off” jury duty on several occasions.  Melissa reports to me that some judges […]

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Free Advice on Selecting a Jury

As a follow up to my previous post regarding my day of jury duty, this post will involve some free advice to attorneys. I rarely provide free advice, but my observations during my jury service warrant it. When the plaintiff’s attorney in the automobile accident case on which I was a prospective juror began to […]

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Because I don’t do in court jury selection consultation, my critique of the attorneys I’ve observed is more limited.  But, for the jury on which I was selected, I had a few observations.  The primary one was the fact that the attorneys for the prosecution and the defendant – a public defender, did a POOR […]

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A Jury Consultant’s View of Jury Duty

I recently had the privilege of being summoned to appear for jury duty in Broward County, Florida, where I have lived for almost 30 years. Unlike almost everyone I know, I was not dismayed, afraid, or angry to receive my jury summons. I was, in fact, somewhat happy about it, as well as hopeful that, […]

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I’m not certain, but I think I’ve been called for jury duty about 5 times since moving to Broward County in 1991.  On two occasions, after arriving at a very early hour, and spending several hours in the jury assembly room enduring the tedious process, I was sent home without going to a courtroom.  On […]

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Neil Peart: Best of the Best

I’m writing this a week after the death of the rock and roll icon, drummer, lyricist, author, motorcyclist, and very private Neil Peart of RUSH. I’ve mentioned RUSH before in posts, and the fact that I’m a big fan, since about 1980. Neil’s impact on music is much more than his status as one of […]

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Because of David and his status as a die hard RUSH fan, I have been listening to RUSH music, at loud volumes, for over 30 years.  In addition, due to a rather bizarre set of circumstances, David and I have had the pleasure of meeting, on several occasions, one of the members of the band.  […]

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2020

Well, here we are. It’s 2020. Lots of celebrations, talk about the new decade, and the roaring 20s. But, many of us think of it with the term “hindsight” attached, as in “hindsight is 20/20,” meaning that when looking backward, things that were once unclear become clear. Monday morning quarterbacking is related. If we see […]

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As we enter into a new year and a new decade, many people enjoy reminiscing about the past, while others eschew the past and focus their sights on the unknowns that will occur in future times.  As business owners, David and I spend some time reflecting on our past successes and failures (and their have […]

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Don’t Confuse Expenses with Investments

This post is prompted by a comment made by someone with whom we frequently work in our litigation consulting business. He remarked how he hoped clients would recognize the value of our work, and his work, and see it as an investment, not just another litigation expense or cost. As I explained to someone yesterday, […]

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The quote David mentions was made by Bob Howe, who is an investigator with whom I have had the pleasure of working during jury selection.  A mutual client retained Bob for an upcoming case but was initially undecided about whether to retain me.  It seems that, in today’s litigation world, the services of a private […]

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Social Media Monitoring doesn’t end when the jury is seated

Background checks conducted of prospective jurors are becoming, or should be becoming, routine. We’ve written about this before, see http://magnusinsights.com/2019/01/juror-background-checks/. Though there are some constraints on these practices imposed by courts and each state’s bar rules, they are here to stay. When I say “background checks,” I am referring to searches of both public information […]

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I spoke with an attorney not long ago who told me that, if he were a judge, no one would be permitted to perform social media searches or background checks of prospective jurors.  It’s a good thing he is not a judge because the judges who preside over the court cases in which I am […]

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No one hires me for a happy event

Just as none of Magnus’ clients retain us for easy cases, none of our clients retain us for anything remotely happy. In order for Magnus to become involved with an attorney and his/her client, something terrible has happened. We have worked on cases involving tragic deaths, including murder and multiple fatalities in accidents; horrific burns; […]

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My mother once asked why I didn’t make a calendar of nice things instead of courthouses (which I did for 20 years).  She said she thinks only bad things happen in courthouses.  We then had a discussion about the good things that happen there such as weddings, and, most importantly, people seeking and getting justice.  […]

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Magic Bullets

A Point of View

David H. Fauss, M.S.M.

On January 2, 2020

Category: Getting the Job Done, Jury Behavior, Jury Consultants, Litigation Tips, Magnus, Magnus Insights, Psychology, Trial Consultants, Trial Consulting

I recently read an article about a “brand new, state of the art jury selection program to bring data science to jury selection.” That is not a direct quote, but a synopsis of the news story I read about the program. (Disclaimer: I don’t really know anything about this program other than what was in […]

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A well respected attorney with whom I have been acquainted for almost 30 years alerted me to this latest attempt to make jury selection easy enough for a trained monkey to perform.  Please do not think I am, in any way, disparaging monkeys.  I have nothing against monkeys, but I do have something against humans […]

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If someone isn’t nice to me, they won’t see me again, ever.

My time is valuable. It is valuable to me, if not to anyone else. (In that Magnus’ clients compensate my company, and thus, me, in relatively high amounts of money, I would argue that my time is perceived as valuable to someone other than me. But, I digress.) Because I value my time and my […]

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Fortunately, as we wrote in the prior related post, our clients are usually nice, professional, even kind and friendly.  We all know we’re working together for a common goal and egos usually stay in check.  But, there are exceptions. I used the example of a particularly toxic client we once had who, with our help, […]

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