Author Archive | David Fauss

Refocusing “on the Fly”

As the saying goes, the best laid plans… Change is part of our everyday existence as litigation consultants, especially in our world of keeping up with lawyers. We’re down in the chain of command, thus, when things change for our clients, they change for us. Just today, a lawyer calles about a change in his […]

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David and I have written about the need for flexibility in our world of work in prior posts.  Flexibility, and along with it, the willingness to change plans on a moment’s notice, are job requirements for everyone who works at Magnus.  I often find it difficult to explain to the “uninitiated” about why I never […]

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The Answer

I saw a post on a Facebook friend’s page that said “You don’t have to know the answer, you just have to know how to find the answer.” That prompted a number of thoughts. First is the issue of “the answer.” Sometimes there is not a single answer. Sure, to basic mathematical questions there may […]

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Many people, some of Magnus’ clients included, look for the “easy way out” of many situations.  Often, there is an easy way out, for example, when a door is marked with an exit sign, or when a restaurant menu is placed in front of someone, or any one of the countless other situations we encounter […]

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Foresight

I was listening to a segment on my local NPR station yesterday having to do with attempts to pass legislation that, among other things, will provide funds for much needed repair work on roads and bridges. The reporter said the United States spends less money on infrastructure than many other developed nations (in relationship to […]

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David’s post raises some good points, many of which have to do with the psychological phenomenon known as defensive attribution.  Defensive attribution occurs when an observer attributes the cause of a misfortune in ways that minimize their own fear of experiencing a similar fate.  Many people attribute other people’s negative experiences to a personal failing, […]

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Rust Never Sleeps

The trigger for this post was my need to prepare some paperwork for a client recently. It had been a few months since I had done this particular paperwork and, I’ll admit, I felt rusty. Rusty in the sense that it wasn’t as smooth a process as I would have preferred. When I realized it […]

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I like David’s reference to a Neil Young song!  “Hey hey, my my.  Rock and roll will never die.”  What great lyrics!  However, to get to the point of David’s post instead of singing along with Neil Young, I will pose a rhetorical question: How does one hone trial skills without practicing?  Sitting around, resting […]

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Calculated Risk

For a number of years, Melissa spoke to law students at Stetson University at the invitation of the late Professor Mickey Smiley. Professor Smiley did his students a favor, which I hope they later appreciated, of inviting successful trial lawyers, and at least 1 trial consultant, (Melissa) to speak to his trial skills class to […]

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Professor McKinley, “Mickey,” Smiley was a beloved law professor at Stetson University.  He passed away in 2016, following a lengthy tenure at Stetson.  Beginning in 1997 and continuing until Professor Smiley’s retirement in 2005, I had the honor of being an Adjunct Professor in the College of Law, where I lectured to students in his […]

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Illuminating Litigation

Many years ago an attorney shared with me why he liked conducting mock trials on his cases. He said that litigation without jury research is like driving in the dark without headlights. I’m not willing to say that trial lawyers are always driving in the dark, but I agree with his premise: mock jury research […]

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I frequently observe people driving in the dark with no headlights.  It is a dangerous thing to do because not only can the driver not see where he/she is going, but other drivers can’t easily see the “ghost vehicle” either.  On the few occasions when David and I went boating after dark, we saw boats […]

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Pay to Play

I’m writing this post after having recently received a solicitation from an attorney group asking for speakers for a big annual event. The “invitation” included a price list of what they expected speakers to pay. Despite the fact the audience would be perfect for us, marketing wise, Melissa immediately rejected the idea as something prohibited […]

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Psychologists are expressly prohibited from paying anyone to publish their research, lecture to any audience, or endorse their services.  Although attorneys and other professionals have different codes of conduct than psychologists, as a psychologist who works with attorneys, I am bound only by my profession’s ethical code of conduct.  It is abhorrent to me to […]

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COVID-19 Jury Composition Conjecture

As trial consultants we try to stay current by reading lots of newspapers, journals, and magazines. Recently, I’ve noticed people writing about the composition of juries post COVID-19 (not that COVID-19 is over, “post” in this context merely indicates a world where COVID-19 came into being). Because of the politicization of COVID-19, vaccines, masks, etc., […]

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I guess speculating about the composition of juries gives people something to discuss.  And, at least it’s better, in my opinion, than listening to people drone on about their experiences as jurors.  (The latter discussions, when I am unwittingly involved, remind me of “One time, in band camp…” and are just as uninteresting!) I don’t […]

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Ramifications of “You’re Fired”

I’ll start with the obvious: anyone can be fired. As long as someone works for someone else, they can be fired and, in many states, with or without reason. (If someone is self employed, they can be fired by clients, but that is a different situation.) Some people seem to think, so what if I’m […]

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This topic has been on David’s list of things to write about for many years, however, recent events evidently inspired him to write about it.  During the almost 30 years Magnus has been in business, David has always performed the human resources functions in our company, including hiring, training, disciplining, and firing employees.  More people […]

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Helping without Realizing

Sometimes in life people make a difference without even realizing it. Without trying to make a difference. “Leading by example” is the term often used to describe this phenomenon. Melissa was pleasantly surprised when the owner of a small hotel and conference facility “comp’d” our stay at the hotel for a non-work event. The woman, […]

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As corny as it sounds, I try to “let my light shine” in my dealings with everyone.  When I was growing up, my parents treated everyone with respect, whether they were dealing with the lowest or highest members of society.  Mom always told me to watch what I was doing because I never know when […]

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