Archive | Trial Science

It doesn’t cost, it pays.

I was speaking with someone recently who was lamenting about how cost is a factor in decisions, sometimes, with a penny wise and dollar (pound) foolish approach. This person quickly related a story about when he was buying a piece of equipment for his office and asked what it cost. The astute salesperson said, “it […]

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There is a common maxim, “If you have to ask the cost, then you probably can’t afford it.” Some of Magnus’ clients are more cost conscious than others and, in fact, some of them are more concerned about cost than quality. When I am asked, usually by someone in the audience at one of my […]

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Ready for War

A Point of View

David H. Fauss, M.S.M.

On June 29, 2017

Category: Business Frustrations, Getting the Job Done, Litigation Tips, Magnus, MagnusInsights, MagnusResearch, Trial Consulting, Trial Science

In the first few months of this year I have received several calls from attorneys looking to engage a trial consultant in what I consider to be ridiculously short time periods. Two cases will illustrate my point. First was a call from an associate attorney at one of the largest law firms in the state […]

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I will begin my part of this post by saying how thrilled I was to read David’s reference to a current rock band, Adelitas Way! I love classic rock and roll, but I love today’s rock and roll just as much. No offense to David’s favorite band, RUSH, or mine, The Beatles, but quoting a […]

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Judges are People Too

A Point of View

David H. Fauss, M.S.M.

On June 22, 2017

Category: Careers, Getting the Job Done, Litigation Tips, Magnus, MagnusInsights, MagnusResearch, Psychology, Trial Consulting, Trial Science

We recently wrote that lawyers are people too. It has been interesting for me to watch client reactions when Melissa occasionally finds herself needing to remind the attorney/clients that judges are people also. Once an attorney becomes a judge, and puts on the black (usually) robe, a new relationship develops between their former colleagues and […]

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Another View

Melissa Pigott, Ph.D.

On June 22, 2017

Category: Careers, Getting the Job Done, Litigation Tips, Magnus, MagnusInsights, MagnusResearch, Psychology, Trial Consulting, Trial Science

I cannot count the number of times I have said to an attorney, “Judges are people too,” only to have the attorney look at me first, with astonishment, then, upon reflecting on my comment, nod their agreement. I have presented many continuing legal education (C. L. E.) programs in which judges were among the audience. […]

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Won some should have lost; lost some should have won

In writing about the window of opportunity for trial consulting, I reflected on who are our “best” clients, and why.  Our best clients are the attorneys who “get it” – who understand what we do, what goes into it, and what they will get out of it.  But, how do they know these things?  They […]

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Despite what many people believe about themselves, it is impossible to know everything there is to know. A “know it all” never knows it all! Not to mention the fact that “know it alls” are rarely the most popular people! I have been working as a trial consultant for a very long time; so long, […]

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Window of Opportunity for Trial Consulting Work

Recently I’ve received calls from attorneys who wanted mock jury research on their cases, but the calls have come so late that I have been reflecting on when the window of opportunity is open for mock jury research. I have mentioned this issue in other posts, but because I’m noticing this recent spate of last […]

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Attorneys and social psychologists share few personality traits. Different types of people are, of course, drawn to different occupations. Social psychology is a research based doctoral degree; as such, it attracts people who are detail oriented; mathematically inclined; proactive; possessive of highly advanced logical reasoning skills; capable of designing, executing, and analyzing complex research programs; […]

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How NOT to do mock jury research!

I recently had a telephone call from a prospective client who wanted help with a case going to trial within 2 weeks of his call. It was a big case and he asked that we conduct mock trial research on a specific Saturday (which was 10 days after the call), in our home venue (despite […]

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No one hates to turn down work, and more important, revenue generated from work, more than David and I do. However, we have turned down quite a bit of work over the years, for a myriad of reasons. In the recent unfortunate instance David mentions, any of the incorrect and unreasonable requests the prospective client […]

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Identity Crisis of Trial Consultants, Part 3: Jury v. Bench Trials or Arbitration

A Point of View

David H. Fauss, M.S.M.

On March 9, 2017

Category: Business Frustrations, Getting the Job Done, Litigation Tips, Marketing your business, Psychology, Trial Consulting, Trial Science

This is the final post in the series on the identity crisis of trial or jury consultants. In this post, I want to comment on the term “Jury Consultant.” Over the 25+ years of being in this field, in response to my self introduction, I have heard 2 other things. The first is, “…In my […]

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When I remark to attorneys that “Judges are people too,” they often reply, “No, they are not!’. All kidding aside, juries, judges, mediators, and arbitrators are people. They may have different backgrounds, but over the 4 decades I have been conducting research on humans, I have found people have more characteristics in common than differences. […]

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Identity Crisis of Trial Consultants, Part 2: Trials v. Mediation

A Point of View

David H. Fauss, M.S.M.

On March 2, 2017

Category: Business Frustrations, Getting the Job Done, Litigation Tips, Marketing your business, Psychology, Trial Consulting, Trial Science

This is part 2 of 3 on the identity crisis of “trial consultants” and this is where the crisis becomes more problematic.  When I meet attorneys and mention that I’m a trial consultant, many “get it” – they understand, especially if they have ever hired one of us.  But, some attorneys who have hired trial […]

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David mentions attorneys who don’t “get it” when it comes to understanding the valuable role of trial consultants in the litigation process. In my opinion, many attorneys who don’t get it actually do not want to get it; that is, they are fearful we will expose their weaknesses to their clients. Many attorneys wrongly believe […]

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Identity Crisis of Trial Consultants, Part 1: Trial v. Jury consultants

A Point of View

David H. Fauss, M.S.M.

On February 23, 2017

Category: Business Frustrations, Getting the Job Done, Litigation Tips, Marketing your business, Psychology, Trial Consulting, Trial Science

Various professions have identity problems. For example, when a “speech therapist” conducted a cognitive evaluation of my mom’s dementia, I had trouble understanding the connection. Even professions with seemingly solid identities, such as lawyers or doctors, are not precisely defined as to their specialty. For example, is the doctor a brain surgeon, general practitioner, or […]

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Another View

Melissa Pigott, Ph.D.

On February 23, 2017

Category: Business Frustrations, Getting the Job Done, Litigation Tips, Marketing your business, Psychology, Trial Consulting, Trial Science

When I am asked my occupation, I reply, “I am a social psychologist who helps attorneys prepare their cases for trial, arbitration, and mediation.”  I once told one of my cousins, who lives in a rural part of Florida, that I am a “jury consultant” and she remarked how wonderful it must be to work […]

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Jury Duty

A Point of View

David H. Fauss, M.S.M.

On February 2, 2017

Category: Jury Behavior, Jury Deliberations, Litigation Tips, Psychology, Trial Consulting, Trial Science

Jury duty is one of those things that brings up a groan from many people – not unlike the idea of going to a dentist. Of course, we at Magnus, and the clients we support, depend on jurors, or rather prospective jurors, to show up to participate when summoned. That, however, is not the focus […]

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Another View

Melissa Pigott, Ph.D.

On February 2, 2017

Category: Jury Behavior, Jury Deliberations, Litigation Tips, Psychology, Trial Consulting, Trial Science

I have lost count of the number of times people ask me how to “get off” jury duty. Despite knowing my occupation and perhaps, in spite of knowing my occupation, these individuals persist in believing I am going to tell them to look and/or act strangely, say ridiculous things, or provide them with other ways […]

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