Archive | Trial Consultants

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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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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Act like the cat

As everyone who knows me will confirm, I love cats! I have spent a lot of time with a lot of cats, including my own cats, other people’s cats, and the cats who were available for adoption when I worked at the Humane Society in Miami during college. Cats, unlike humans, rarely appear to make […]

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I kicked our cat the other night. It was an accident, really it was. One thing about many cats, ours included, is that they can be stealthy when they want to be – it’s all about survival. Rex sneaked up behind me when I was packing – an activity he has learned to dislike because […]

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When losing is winning. Part 2.

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 – […]

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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, […]

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

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, […]

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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 […]

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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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Objective Data for Better Decisions – Proof for Others

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 […]

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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 […]

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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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Don’t give them a freebie

The title of this blog is a something I tell new Magnus staff when trying to explain the need to do their job with as near perfection as is humanly possible. Don’t give the client anything to complain about – that’s the goal. Not that there won’t be any complaints, but make them about things […]

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Decades ago, Magnus had an employee who believed she could learn only as a result of making mistakes. She assured David and me, upon making mistake after mistake, that she never made the same mistake twice; rather, she made new mistakes that she truly believed were acceptable. Needless to say, we were quite relieved when […]

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