Author Archive | David Fauss

Share The Positives

I observed Melissa do something today that is worth comment. She complimented our clients for the professional and supportive ways they have worked with us, and as a team, to prepare for a jury research project. The clients seemed taken aback to hear a compliment, and they were surprised their behavior was noteworthy. It is […]

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I believe in giving credit where and when credit is due.  When I notice something good, I usually say something about it.  In fact, I try, diligently, to compliment people and situations more than I complain.  I have found complaining rarely results in positive attitude or behavior change.  (If you don’t believe me, ask yourself […]

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Fronting Money for Clients

One thing we learned the hard way, many years ago, is that advancing money on behalf a client is risky. On one of our first cases, we were given the verbal go ahead by an associate level attorney whose boss had told him to do so. We were very excited to work with this attorney, […]

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The majority of Magnus’ clients are large corporations, such as insurance companies, financial institutions, and health care conglomerates, all of which have “mega bucks,” especially when compared to our small business.  Because of this, it is quite irksome when Magnus is expected to advance funds to pay our clients’ expenses.  Every time we conduct focus […]

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Shortcuts

I recently read a newspaper article in a business/legal publication that prompted this post. The premise of the article was that women are more likely to be plaintiff prone on juries than men. Prominent and successful lawyers espoused their preference for having women on juries. A jury consultant (of whom I’ve never heard) reported research […]

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Some things change and some things remain the same.  Over the years of my career as a trial consultant, there have been several constant factors, including many attorneys’ search for “a magic bullet,” “an easy way out,” or as David says, “a shortcut.”  Instead of spending some time learning about how people make decisions, why […]

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Run of the House

I booked a hotel room recently and, while navigating the rates, I came across one that said “run of house.” I know this means “you get what we’ve got left.” It is doubtful that this would ever be an exciting upgrade, but maybe. In my experience, upgrades rarely happen even when I’m paying higher rates. […]

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The expression, “run of the house” does not have a positive connotation for me.  I prefer to know what I am getting and even more than that, I prefer to know I am getting the best I can possibly get.  I dislike most surprises because many people are not as discerning as me, therefore, what […]

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Modern Communications

Writing this post in mid 2022, I want to comment on modern communications technologies. Especially due to the pandemic, the “modern” technologies of cellular telephones and virtual meetings (Zoom, etc.) have become more common in the world of business. This is for better or worse, depending on point of view. These technologies are great because […]

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David spends significantly more time talking on the telephone than I do, but I share his frustrations.  The poor quality of some people’s internet connections make it difficult to have a meaningful telephone conversation.  This is compounded when the conversation is via a platform, such as Zoom, that includes both audio and video components.  Constant reminders […]

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Don’t Sweat the Small Stuff

“Don’t Sweat the Small Stuff” is a phrase used to suggest one should relax, chill out, and not worry about the little things, things which sometime seem out of one’s control. Well, that’s great. But, our “day job” as trial consultants doesn’t allow it. Neither does my prior advocation, photography. For example, when photographing people […]

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This topic, “Don’t Sweat the Small Stuff,” came up recently during a slightly heated debate David and I were having about the proper way to prepare something we were having for dinner.  (As the reader might imagine, David and I have many debates, some over trivial matters, on an almost daily basis.)  I don’t recall […]

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Are They Paying Attention?

My post about whether the mock jurors take it seriously reminded me of another aspect of this client related surprise. Watching a group of people, mock jurors, listen to the case arguments in a mock trial can sometimes be misleading. Some mock jurors are clearly engaged, others have their eyes closed, others are frantically taking […]

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Similar to some attorneys’ concern about whether the mock jurors take their participation seriously is their concern about whether the mock jurors are paying attention.  And, just as it pertains to the issue of the mock jurors taking the case, and their participation, seriously, I have found that most of them pay attention. There is […]

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Do They Always Take it Seriously?

A client, who had never observed a Magnus mock trial, asked the question which is the title of this post during a recent mock trial. The “they” is the mock jurors. The “it” is the case. The answer is YES! The rest of the story is that, despite the mock jurors knowing they are only […]

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It is difficult for new clients to understand the seriousness with which most of Magnus’ mock jurors conduct themselves during mock jury research.  Everyone who attends a mock jury, of course, knows they are part of a research exercise, thus, the word “mock” precedes the word “jury.”  Not only do the attorneys recognize we are […]

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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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