Author Archive | David Fauss

Biggest Marketing Changes in 30 Years

Recently, Melissa and I have been talking with a long time client about an issue we have, and he has, identified as being a challenge for us, and him, as a trial lawyer/mentor. That is, the “new generation” of litigators/trial lawyers lack experience with trial consultants. In a recent, eye-opening, conversation that included his young […]

Continue Reading

The current generation of associate attorneys and their lack of awareness of the existence of trial consultants reminds me of the years I worked as an adjunct professor.  (As a side note, for many years after I earned my Ph. D., I had 2 jobs, a full time job in the corporate world and a […]

Continue Reading

Litigation Management Success Tips

I am a bit behind in my reading and I just finished a September 2020 CLM Magazine article by James McKeown entitled Rules of the Road: Five Tips for Successful Claims and Litigation Management. Mr. McKeown wrote this article aimed at claims professionals and the attorneys involved in the defense of claims. His 5 tips […]

Continue Reading

Magnus’ original slogan was “Reducing the uncertainty of litigation.”  There are numerous uncertainties in the world of litigation, however, an astute law professor, the late McKinley Smiley, advised us to change our slogan because many attorneys are not uncertain about anything.  They may be wrong, but they are certain.  This also applies to insurance adjusters, […]

Continue Reading

Show, Don’t Tell

Melissa and I wrote employee policy manuals and other training materials before we had employees. I am thinking about those today because I added a small update to the policy manual yesterday, thinking that it had been a long time since I had added anything. But, while the policy manual is pretty well set, the […]

Continue Reading

David never ceases to amaze me.  I cannot believe he missed a perfectly good opportunity to relate his post to a song by his favorite band, RUSH.  The title of the song is “Show Don’t Tell,” which is the title David used for this post. The premise of the song, written (of course) by Geddy […]

Continue Reading

Fighters or Settlers

We’ve written previously about how some lawyers seem to be more willing to go the distance, that is, take a case to trial, than others. In some discussions, this becomes a comparison of trial lawyers, who are ready for trial, and litigators, who work up cases, but seem to avoid starting a trial at all […]

Continue Reading

David has chosen to write about one of my favorite topics, which prompts me to mention one of my favorite clients.  I agree with the premise that some attorneys are fighters, who are willing to go to trial and “battle” for their clients’ rights, while others are fearful of going to the courthouse, instead, settling […]

Continue Reading

Hitting the Ground Running

As noted in a prior post, Melissa and I have built in a “vacation” each year during the last 2 weeks of December, returning to work just after January 1. This is, in some part, due to the reality that we cannot do our “real work” of mock juries, etc., in that time period. In […]

Continue Reading

During our recent vacation, David and I had lunch with childhood friends of mine, both of whom are retired.  One of these friends has been retired for several years and the other, for several months.  They both extolled the virtues of retirement, which, for them, has provided considerable benefits over their careers, which they spent […]

Continue Reading

It’s Nice to Be Appreciated

Melissa and I received an unexpected thank you note and gift from the new College of Law at my alma mater, Jacksonville University. We have been doing a little to help with the start up of that program. Out of the blue came a couple of packages with nicely designed and personalized paper weights. Goodness […]

Continue Reading

I was pleasantly surprised to receive the beautiful and thoughtful paperweight from Jacksonville University’s College of Law.  Rarely have my efforts been rewarded with such an appreciative gesture!  My friend, Teresa, is always thoughtful when she visits David and me.  She never leaves our house without writing a thank you note and surprising us with […]

Continue Reading

Making It Up As You Go

A Point of View

David H. Fauss, M.S.M.

On December 29, 2022

Category: Business Partnerships, Entrepreneurship, Getting the Job Done, Jury Consultants, Jury Research

For no imaginable reason, one of the (heavy) rock and roll stations that Melissa enjoys on Sirius XM Radio has been playing a song by the country star, Blake Shelton. I love the line from the song, “There ain’t no map, there ain’t no plan.” The song appears to be about a romantic breakup, but […]

Continue Reading

Another View

Melissa Pigott, Ph.D.

On December 29, 2022

Category: Business Partnerships, Entrepreneurship, Getting the Job Done, Jury Consultants, Jury Research

The key to making things up as you go along is acting like you know what you are doing.  I have been doing this for as long as I can remember.  The first time in my career that I acted like I knew what I was doing, when I actually had no idea about the […]

Continue Reading

Holiday Plans

I’m writing this near year end, but as is often the case, things are hectic as we wrap up the work for the year, and prepare for work early in the new year. Melissa and I have diligently tried for all these years to treat the last 2 weeks of the year as a break, […]

Continue Reading

David and I often work on holidays and during vacations.  Our business, and the world of litigation, don’t close just because we are not in the office.  I have distinct memories of: (1) doing an intake on a new case on Christmas Eve, in my mom’s Florida room, mere minutes before we opened our gifts: […]

Continue Reading

Some Cases Last Longer than Imaginable

A challenging aspect of our trial consulting work is timing. It is always an issue for us to ramp up when we are engaged for a project. There is lead time in all that we do. Some clients, particularly repeat clients, understand this and call us well in advance of their “need.” Other times it […]

Continue Reading

I sincerely hope 10 years will be the longest time between case intake and conducting mock trials!  At this point in my life and career, I’m not certain I will be around 10 years from now!  The case to which David refers is Magnus’ infamous case #110.  As a point of reference, when we finally […]

Continue Reading

This Nickel

A Point of View

David H. Fauss, M.S.M.

On December 8, 2022

Category: Getting Through Life and Work, Growing Old is Not for Sissies, Life Outside of Work, Magnus, Magnus Insights

Last night I heard a blues song in which the songwriter wrote lines like “what if this wall could talk,” “what if this door knob could tell who turned it,” and “what if these shoes could talk.” All of the lines led me to wonder who/what saw something, illicit, of course. In the vein of […]

Continue Reading

Another View

Melissa Pigott, Ph.D.

On December 8, 2022

Category: Getting Through Life and Work, Growing Old is Not for Sissies, Life Outside of Work, Magnus, Magnus Insights

David and I have been writing our blog for over 9 years and I am fearful that his selection of this topic is akin to Fonzie “jumping the shark.”  Let’s hope not!  I don’t have much to say about the 1947 nickel  David found in the coin tray, but I do find it strange that […]

Continue Reading

Powered by WordPress. Designed by WooThemes