Archive | Litigation Tips

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 […]

Continue Reading

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 […]

Continue Reading

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; […]

Continue Reading

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.  […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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, […]

Continue Reading

If you want something done right…

I recently heard a program on NPR involving an incredible story that the host presented as a situation when the person involved should have “done it himself.” The story was from China, where someone hired a hitman to eliminate a competitor. The hitman subcontracted the job to someone else and that person hired someone else […]

Continue Reading

The DIY attitude is another example of many people’s inability to recognize their limitations.  I was searching for flooring not too long ago and discovered numerous references to DIY flooring, including instructional videos on how to install all types of flooring, from laminate to tile.  I didn’t want to know how to install flooring (by […]

Continue Reading

Illumination

A client who has made several comments that have prompted prior blogs mentioned recently that, sometimes, things look great in the war room, but in the bright lights of the courtroom, they fall flat. I think he made a great point. As a photographer, I know that one of the keys to success in photography […]

Continue Reading

People differ in their ability to see things from other people’s point of view.  I am in the process of becoming a circuit civil mediator and I recently completed the training program that is a required part of this process.  As I expected, most of my co-students were attorneys and I was the only psychologist […]

Continue Reading

“What’s the next case going to be?”

Glass laminates, carpet glue, yacht paint, windshield wiper technology, medical negligence, accounting malpractice, legal malpractice, burns, brain damaged babies, dog bites, hurricane damage – to coffee, hurricane building damage, construction defects, government taking of land (eminent domain), murder, rape, cruise ship based crimes, cruise ship excursions gone wrong, toxic chemicals, environmental damage, celebrities accused of […]

Continue Reading

As the old saying goes, “been there, done that.” There are probably some types of lawsuits on which I have not consulted, but right now, I can’t think of one! A potential client asked me recently if I’d ever worked on: (1) a big case; (2) a professional malpractice case; or (3) a securities case. […]

Continue Reading

Sunk Costs

I recently had a conversation with a potential first time client who requested a proposal, a request I granted as always. I followed up with a call and the discussion quickly moved to the price. That’s not uncommon. But, what struck me in this conversation was that he stated that he, and his partners, had […]

Continue Reading

When attorneys, such as the one David has described, contact us about the possibility of retaining us, I believe they should understand there is a cost of doing business with us. (The old biker saying is applicable to many things in life, including working with a trial consultant: No one rides for free.) It astounds […]

Continue Reading

How serious are you about winning?

Continuing the discussion started in the post entitled How much risk can you take off the table?, the conversation took another turn when our client mentioned another question he asks certain clients, “How serious are you about winning?”. He usually works for sophisticated and/or wealthy clients on commercial cases – those without physical injuries. Many […]

Continue Reading

It amazes me that some clients are more interested in winning their cases than others, in that I believe winning one’s case should be a desirable goal for everyone who becomes involved in litigation. In fact, if I were an attorney who worked on high stakes civil litigation, I would consider asking all of my […]

Continue Reading

How much risk can you take off the table?

A recent lunch with a client involved an interesting discussion of how to convince “end” clients to spend money on mock jury research. For those who don’t know, in some cases, the lawyers advance the expenses, including expenses for things such as mock trials, and in others, they expect the actual client, the “end client,” […]

Continue Reading

In the early days of Magnus, our slogan used to be “reducing uncertainty.” We soon learned this was an ineffective slogan in that most attorneys don’t appear to be uncertain about anything. They may be wrong, quite wrong, but they are certain nonetheless! The idea of reducing risk is, perhaps, a better way to frame […]

Continue Reading

Powered by WordPress. Designed by WooThemes