Archive | Trial Consulting

Laugh at yourself

Some people take themselves too seriously. No one is infallible; everyone makes mistakes. Some mistakes are made by us, other mistakes are made by someone else, and many are more situationally than personally based. How each person chooses to respond to mistakes, negative situations, and life, in general, is an important part of his/her personality. […]

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I see the humor – the absurdity – of showing up at the fancy hotel, feeling like I was Jed Clampett limping along in his jalopy. In my defense, my lack of humor in this situation was primarily fear that we would not safely make it to our destination. There was no way I could […]

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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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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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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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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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Jurors and the Internet

During my recent jury duty experience, I noticed posters around the assembly room entitled “Juror Responsibilities Regarding the Internet and Social Media” produced by the National Center for State Courts and Center for Jury Studies. I am well aware of the issues related to jurors and social media or the internet. And, I think I’d […]

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David probably violated a rule when he took a photo of the sign, “Juror Responsibilities Regarding the Internet and Social Media.” The courthouse personnel who posted the sign should have posted another sign that said, “Take no photographs of this sign.” During Magnus’ jury research projects, I fill the role of the judge, meaning I […]

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Jury Duty: Hurry up and wait

A few weeks ago, a multi-colored piece of mail arrived at our house. Melissa got her hands on it when she checked the mail and, sounding like Nelson from The Simpson’s, said “Ha ha; you’ve got jury duty.” I’ll add, again – at least my 4th or 5th time in Broward County. While I’ve written […]

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Fortunately or unfortunately, David has been summoned for jury duty more than I have. And, given the length of David’s post about his most recent jury experience, I guess he has strong feelings about jury duty. In contrast to most people I know, I would love, absolutely love, serving my country as a juror. But, […]

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The Law of Perpetual Motion

Busy seems to beget busy. And sometimes that “busy” maybe just doing things when time is seemingly available to fill the time. Then, when doing those things, real work happens. For example, a few weeks ago, I attempted to arrange a client meeting in Miami. Nothing happened, the scheduling just didn’t come together and it […]

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I don’t know if my perception is accurate, but it sure seems like not much happens when David and I are sitting around the office, wondering when our next case will come in. We have countless examples of “the law of perpetual motion” in our business lives, from the time, early in our owning Magnus, […]

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