Archive | Litigation Tips

Getting the Most from Research – Digging In

A Point of View

David H. Fauss, M.S.M.

On October 25, 2018

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

A recent Wall Street Journal article (August 11-12, 2018) entitled “To Get the Most Out of Polls, Delve Deeper” prompted this post. Though this post was about political polls and pollsters, there were several points relevant to the world of trial consulting. One quote caught my attention, “…, remember that neither a candidate’s polling percentage […]

Another View

Melissa Pigott, Ph.D.

On October 25, 2018

I enjoy, immensely, working with attorneys on their cases. Most of the attorneys who retain Magnus are intelligent, sophisticated people who are hiring us because they know they are experts on the law, but they are not experts on human decision making. There is a small subset of our clients who do not seem to […]

When to break rules

A Point of View

Melissa Pigott, Ph.D.

On October 23, 2018

Category: Business Frustrations, Careers, Common Courtesy, Employment, Getting the Job Done, Getting Through Life and Work, Jury Consultants, Life Outside of Work, Litigation Tips, Magnus Insights, Magnus Research, Managing Employees, Psychology, Trial Consultants, Work-Life

I am not a “Goody Two Shoes” by any means, however, I usually play by the rules, regardless of the situation. I would never, ever, park in a disabled parking space unless I am transporting a disabled passenger, I do not try to outrun trains at a railroad crossing, and I clap my hands along […]

Another View

David H. Fauss, M.S.M.

On October 23, 2018

It is probably because of my schooling from 6th to 12th grades which, while not Catholic school, was very strict. Lots of rules, and at some point I started asking “why?”. I did not ask “why” to be obstinate. Rather, when things seemed arbitrary, it seemed like a fair question. Some things were clearly safety […]

Get it Right – The First Time & Every Time

A Point of View

David H. Fauss, M.S.M.

On October 18, 2018

Category: Getting the Job Done, Jury Behavior, Jury Consultants, Jury Deliberations, Litigation Consultants, Litigation Research, Litigation Tips, Magnus Insights, Magnus Research, Trial Consultants

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 […]

Another View

Melissa Pigott, Ph.D.

On October 18, 2018

Category: Getting the Job Done, Jury Behavior, Jury Consultants, Jury Deliberations, Litigation Consultants, Litigation Research, Litigation Tips, Magnus Insights, Magnus Research, Trial Consultants

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 […]

Shaman Trial Consultant

A Point of View

David H. Fauss, M.S.M.

On October 11, 2018

Category: Business Frustrations, Getting the Job Done, Litigation Consultants, Litigation Research, Litigation Tips, Magnus Insights, Magnus Research, Psychology, Trial Consultants

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 […]

Another View

Melissa Pigott, Ph.D.

On October 11, 2018

Category: Business Frustrations, Getting the Job Done, Litigation Consultants, Litigation Research, Litigation Tips, Magnus Insights, Magnus Research, Psychology, Trial Consultants

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 […]

RESPECT, addenda

A Point of View

David H. Fauss, M.S.M.

On October 4, 2018

Category: Business Frustrations, Business Relationships, Careers, Common Courtesy, Employment, Getting the Job Done, Getting Through Life and Work, Jury Consultants, Jury Research, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Small Business Success, Trial Consultants, Trial Consulting

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 […]

Another View

Melissa Pigott, Ph.D.

On October 4, 2018

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 […]

When losing is winning. Part 2.

A Point of View

David H. Fauss, M.S.M.

On September 27, 2018

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

Following on “When losing is winning. Part 1,” I’m writing now about another phenomenon that has been covered a bit in other posts. That is, defining winning. On the defense side of civil and criminal cases, some of them are, technically speaking, losers. That is, an outright defense verdict is unlikely no matter what – […]

Another View

Melissa Pigott, Ph.D.

On September 27, 2018

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

As David says, losing one’s lawsuit is relative. Sometimes, a loss is obvious, such as the time we worked for a client who lost a billion dollar case, had it overturned on appeal due to a legal technicality, then retained Magnus prior to the second trial. This client followed all of my recommendations (although, often, […]

When losing is winning. Part 1.

A Point of View

David H. Fauss, M.S.M.

On September 20, 2018

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 […]

Another View

Melissa Pigott, Ph.D.

On September 20, 2018

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 […]

R-E-S-P-E-C-T

A Point of View

David H. Fauss, M.S.M.

On September 13, 2018

Category: Business Frustrations, Business Relationships, Careers, Common Courtesy, Employment, Getting the Job Done, Getting Through Life and Work, Jury Consultants, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Small Business Success, Trial Consultants, Trial Consulting

A few years ago, we had a case involving lawyers from Fort Lauderdale, Miami, Los Angeles, and San Francisco. We knew the Florida lawyers, who brought us into the case. The California lawyers were unknown to us; they were with a huge firm with a strong reputation. Our primary contact there was a Sr. Associate, […]

Another View

Melissa Pigott, Ph.D.

On September 13, 2018

Otis Redding wrote “Respect” in 1965. When sung by Otis Redding, the song was about a man who is willing to work hard all day, as long as he receives respect from his woman when he gets home. Aretha Franklin’s cover of “Respect,” released in 1967, has a different tone. Instead of begging for her […]

Objective Data for Better Decisions – Proof for Others

A Point of View

David H. Fauss, M.S.M.

On August 23, 2018

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

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 […]

Another View

Melissa Pigott, Ph.D.

On August 23, 2018

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

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 […]

Better Safe than Sorry

A Point of View

David H. Fauss, M.S.M.

On August 16, 2018

Category: Business Travel, Getting the Job Done, Jury Behavior, Jury Deliberations, Litigation Consultants, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consultants, Uncategorized

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 […]

Another View

Melissa Pigott, Ph.D.

On August 16, 2018

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 […]

← Previous 1 … 8 9 10 … 19 Next →

Archive | Litigation Tips

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

Melissa Pigott, Ph.D.

Another View

David H. Fauss, M.S.M.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

About Magnus