Archive | Trial Consultants

High Anxiety

Magnus’ clients are attorneys involved in high stakes litigation. Whether they represent the plaintiff(s) or defendant(s), they are under a great deal of pressure to get the best result for their clients.  Even when they don’t show it, we know this is a high stress situation.  Putting together a mock jury research project is intense.  […]

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David’s title, “High Anxiety,” instantly reminded me of the 1977 Mel Brooks movie of the same name.  However, that’s where the similarity both begins and ends.  While Mel Brooks’ movie was a farcical comedy, Magnus’ cases are anything but comedic.  Many of our cases are tragic and all of them involve high stakes.  The attorneys […]

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The Major League

My family is a baseball family. My dad, the late Park T. Pigott, Sr. played baseball, coached baseball, and generally speaking, lived much of his life for baseball. I am not usually fond of sports analogies, however, recent experiences with clients of Magnus Research Consultants have reminded me of baseball. Almost all of Magnus’ clients […]

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This minor leaguer experience was one of the strangest situations we have had in years.  We had been, to keep up with the baseball analogy, “scouted” by the end client (that is the entity/person paying our bill).  Our ability to work with the lawyer was limited until that scouting was completed.  Admittedly, this process was […]

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Politics of Litigation

A Point of View

David H. Fauss, M.S.M.

On May 20, 2021

Category: Entrepreneurship, Getting the Job Done, Jury Consultants, Magnus, Magnus Insights, Magnus Research, Trial Consultants, Trial Consulting

Magnus is hired for many reasons. To evaluate the liability issues in the case. To assess the damages potential. To determine at whom to point fingers. To get a plaintiff to understand the realities of their case. To get a defendant to understand the realities of their case. Is it a case to try? Is […]

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The behind the scenes intrigue in many of our clients’ cases is often more important to our clients than the outcome of their jury research.  One of my all time favorite clients, now deceased, was a wonderful attorney who worked for a government agency.  Until he hired Magnus to work on several of his cases, […]

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Retainers

Call it a deposit; call it a retainer. Magnus doesn’t start work without one (except in rare circumstances beyond the scope of this post). We need money, we want money; importantly, other people want money. We learned, the hard way, that clients need to “show us the money.” One of our first cases blew up […]

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No one works for free.  By definition, work is performed in exchange for compensation.  (The obvious exceptions, such as slavery, human trafficking, etc., are beyond the scope of this post.)  The fact that one of the largest law firms in the U.S.A., as well as its client, one of the largest corporations in the world, […]

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Heuristical thinking

Biases and heuristics often, but not always, go hand in hand. While bias is attributed to the absence of reflective thought, leading to limitations in judgment, heuristics are used intentionally when making inferences. Heuristics are common sense reasoning strategies employed by laypersons. They are “shortcuts” that accelerate the decision making process. Heuristics may or may […]

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Magnus’ reports often contain a section entitled “Heuristics” and, when I’m showing our sample report to prospective clients, I usually have to explain what a heuristic is and why it is important.  I typically explain that heuristics are the ways that the jurors relate to a case – in their own language.  Whether it is […]

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Hard Work

Always learning – that’s the reality of life, and in operating a business. A lesson learned many years ago happened when we hired a young woman as a research associate. She fit all of our hiring criteria for education, background, etc. She was attractive and well dressed. Her appearance was important to her as evidenced […]

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Hooray for Jessica!  As David mentioned, after our experience with one of our former employees, who resigned over too many broken fingernails, we were delighted to hire Jessica Nurek (now Jessica Palomino) because, not only was she qualified for the research associate job, she was not afraid of performing hard work.  Cleaning animal stalls is […]

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Templates – Creating and Using

We spent some time recently updating the templates we use at Magnus. From day 1, I’ve worked on developing templates and, over the years, modifying them to keep up with changes as necessary. We have templates for reports, for contracts, and countless forms that help us keep track of our work. The only thing standardized […]

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David likes forms and templates more than anyone I have ever known.  When we are in the process of developing a new service, David routinely advocates for using a template to ensure things are standardized.  Although all of my questionnaires are custom designed to assess mock jurors’, survey respondents’, and other research participants’ attitudes about […]

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Hiding behind Email

Prompted by my posts about “different direction” and “ghosting,” a related phenomenon is hiding behind email, especially as a way to deliver bad news. Maybe it is just me, but it seems a matter of professionalism and fairness that, if one asks someone else to do something like prepare a proposal for consulting services, the […]

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I love to discuss, and write about, etiquette.  As a social psychologist, I am keenly aware of the social norms involved in etiquette, which involves far more than knowing which fork to use.  There is a certain etiquette involved in communicating with others, in both professional and personal settings.  This includes “responding in kind” to […]

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I’m a Professional Judge of Character – Trust my 1st Impression

There have been several notable examples of my, and others’, questioning my first impressions of someone. On all of these occasions, my first impression was correct and unfortunately, questioning it caused negative turns of events. In that, as a psychologist, I am what most people would consider “a professional judge of character,” I have tried […]

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One aspect of owning a business never gets easier – hiring.  I feel like it is always a gamble.  And, I’m apparently not a good gambler because I’ve taken chances on hiring people who turned out to be ill equipped to do our work, or worse, a really bad fit, a bad choice, maybe a […]

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Always Take First Watch

Always take the first watch. I received this sage advice many years ago, from a friend who spent most of his life in the United States Navy. The rationale is that one will be less tired during the first watch than in later shifts. First watch, of course, is usually the daytime hours, such as […]

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Always take first watch, unless Melissa beats you to it!  After that, I’m not sure which is better, 2nd or 3rd watch.  It might depend on whether it is night or day, and whether sleep is possible.  Though I wasn’t onboard for the hurricane avoidance drive, I remember it well.  I had the outsider’s view, […]

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