Author Archive | David Fauss

The Problem With This Case is the Client.

An attorney client of ours recently told Melissa that his client is a problem. He said, “the problem with this case is my client.” He was pretty direct, but we’ve heard this, or some variation thereof, countless times. In this case, the client is wealthy (and accustomed to getting his way as a result). He’s […]

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I often wonder if  “problem clients” know their attorney considers them to be a problem.  Or, are they demanding, arrogant, and self centered to the point they have no idea of the impact they have on other people?  Many times, the end client (defined as one of the primary parties in the lawsuit, that is, […]

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Old School Tech

I recently read an article about the executive director of a professional association who uses an IBM typewriter to send notes to members. He said he liked using a typewriter to personalize the notes. I thought it was pretty cool to use old school technology so effectively. I could never afford an IBM typewriter, those […]

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David and I have written about our fondness for “old school” things in several previous posts.  Although I never owned a typewriter, nor am I a good typist, I appreciate David’s fondness for his trusty old typewriter.  It comes in handy when he makes labels for files in our personal filing cabinet.  I remember David’s […]

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Commercial Litigation: Benefits of a Trial Consultant, Part 3

In the 3rd post in the commercial litigation series, I want to bring some points together. We’ve discussed that executives are accustomed to being in charge, to being the “boss,” and that as litigants, it is often frustrating for them not to be. Also discussed is the fact their perspective may not align with decision […]

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When executives make important business decisions, they must have all available data in order to make the correct decision.  When making the correct decision has an impact on the company’s bottom line, it is imperative to assess every nuance that could impact the company’s future.  In the world of litigation, the bottom line of a […]

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Commercial Litigation: Benefits of a Trial Consultant, Part 2

This is part 2 of the benefits of a jury or trial consultant in commercial litigation. As noted in the prior post, in commercial litigation, high powered people are often involved. We have been involved in many cases in which these parties were “out for blood.” Even though the cases were “only about money,” the […]

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Magnus has worked on numerous commercial cases in which things between or among the parties became personal.  Some people wrongly believe that, because commercial cases are mostly about money (as opposed to compensating someone for an injury), they are boring and impersonal.  This belief is a misconception because, although commercial cases involve a plaintiff suing […]

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Commercial Litigation: Benefits of a Trial Consultant, Part 1

I had a conversation with a friend/client recently. He previously hired us in a personal injury case, but now works in a firm that does mostly commercial litigation. The question arose about what we, at Magnus, do in commercial cases. I explained that a high percentage of our cases are commercial cases. Sometimes, clients or […]

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I have worked with many witnesses during my career.  As with many things in life, my first experience is memorable.  The case was a high profile case in my hometown and the key witness was the owner of a well known and well respected corporation.  Both the corporation and its owner were defendants in the […]

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If You Have to Ask the Price…

The old adage, “if you have to ask the price, you can’t afford it” came to mind when speaking with a client recently. He asked for a menu of services with prices. This is something that we, at Magnus, have never published because our fees/prices vary depending on the specific details of a case. During […]

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I know David would be disappointed if I didn’t mention my favorite slogan about prices.  My dad was born in Medart, Florida, which is located in Wakulla County.  (For those of you who are unfamiliar with Wakulla County, it is located in the Florida Panhandle, near Tallahassee, although culturally speaking, it is worlds away!)  I […]

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Go Dolphins!

A Point of View

David H. Fauss, M.S.M.

On April 14, 2022

Category: Careers, Jury Consultants, Litigation Consultants, Magnus, Magnus Insights, Magnus Research, Trial Consultants

No, not the Miami Dolphins; this is about the Jacksonville University Dolphins. JU is my alma mater. I earned my B.S. there more years ago than I care to consider. With a beautiful campus on the St. Johns River and small class sizes, it was perfect for me. Add in the benefits I had in […]

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Another View

Melissa Pigott, Ph.D.

On April 14, 2022

Category: Careers, Jury Consultants, Litigation Consultants, Magnus, Magnus Insights, Magnus Research, Trial Consultants

I will echo David’s cheer. Go Dolphins!  Jacksonville University’s decision to open a College of Law is momentous, not only for the university, but for Jacksonville and the state of Florida.  JU has always been described as a small university with big plans and having a law school is definitely a big plan!  David and […]

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False Positives

False positives are research or test results that are inaccurate and make one think the result is positive, when in fact, it is negative. With a medical test, for example, it could mean a blood test result indicates a problem when there isn’t one. There are, of course, false negatives, but I think in the […]

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In my world of science and statistics, a false positive result is called a Type I error, leading to a rejection of the null hypothesis.  For example, if the null hypothesis is that, absent changing one’s theory of a case, the case will be won, then improper research is conducted, leading the case to be […]

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Take Names

I’m not sure when or why I learned to “take names,” but doing so has served me well. By “taking names,” I mean making a note of the name of the person on the other end of the phone line, or maybe in person, for example, a store manager. Whether it is in the context […]

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Learning people’s names is an important skill that often takes time and effort to develop.  When selecting a jury, for example, attorneys are required to address each prospective juror by name so that the court reporter can ensure the permanent record of the trial is accurate.  The attorneys are required to address each potential juror […]

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By the Numbers

Periodically, I evaluate Magnus’ “numbers” on case types, history, venues, and clients. By this, I mean I classify the cases on which we’ve worked since the last time I “ran the numbers.” I, long ago, created spreadsheets for this purpose and I simply tally the new cases by client, category, venue, etc. It is relatively […]

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The number crunching that is part of David’s job is vastly different from the number crunching that is part of my job.  David’s analyses of our business sources and their associated revenue provide a good foundation for our marketing efforts as we forge ahead into another year.  It is interesting to see how our business […]

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