Author Archive | David Fauss

PowerPoint Exhibits: Good-Bad-Ugly

I had an interesting conversation today with a client who was preparing a PowerPoint presentation for an upcoming mock trial. As we discussed his plan, he mentioned that he was planning to use 20 slides for a 10 minute presentation. I tactfully suggested that 1 slide every 30 seconds is too many. This led to […]

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Death by Powerpoint.  That’s what I call the majority of Powerpoint and other, similar, electronic presentations.  I have witnessed countless attorneys “kill” their audience with electronic presentations that contain words, then more words, then even more words.  These well meaning attorneys, in their quest to educate the jury about their case, put everything they can […]

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Ed Groot

Way back in 1993, Melissa and I first started contemplating opening our own trial consulting practice. Pretty soon, those discussions included a third individual, Ed Groot. The three of us were working for another trial consultant in what can simply be described as a toxic work environment. The three of us started planning what became […]

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I’m not sure why I was compelled to search for Ed Groot on my computer today, but something kept nagging me to do it.  I immediately came across his obituary and read that he passed away on November 30, 2020.  He would have been 80 years old on January 2, 2021.  When David and I […]

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Entrepreneurial Addiction

It is well known that gamblers must occasionally win in order to keep playing their games. The easiest example is that slot machines are programmed to give back a penny or a quarter based on some number of pulls of the handle (or, push of the button). I was thinking about this phenomenon recently when […]

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Interestingly to me, both David and I wrote this post on December 17, 2020, the anniversary of our first retainer check.  Although David and I are in two different cities today, we must both be thinking of Magnus’ beginnings and the hope we had for our continued success.  As anyone who knows me will verify, […]

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A crash course on elder care

For Melissa and me, our crash course on elder care started about 20 years ago, so I think we are beyond the crash course part. We’ve been engaged in learning about elder care constantly, starting when Melissa, and her brother Frank, noticed some changes in their mother’s routine behaviors. I know many people who are […]

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Since my mom began showing obvious (at least, to me) signs of dementia almost 20 years ago, I decided to learn everything I could about dementia, in its various forms.  Many people, upon noticing that “something just isn’t right” about their loved one, try their best to ignore the signs of dementia, in a misguided […]

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I’ll ask my parents

One source of material for these posts over the years has been the things Melissa and I have heard from employees that took us by surprise. This one is among my favorites, after the fact. We usually hire recent college graduates for our Research Associate position. Many years ago, we hired a typical, fresh from […]

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Many people have asked me if I have any kids.  I don’t know why they ask this personal question, but I always respond with, “Yes, I have had between 40 and 50 kids; they are of were my employees.”  As David said, recent college graduates have been Magnus’ Research Associates since we founded Magnus in […]

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When things don’t make sense: 28 days off

The work we do as trial consultants requires us to work closely with our attorney clients for several weeks or months, or even years. Clients are typically respectful and courteous. But, as we have written before, there are a few outliers – clients who abuse everyone around them, including us. We have had a few […]

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One of the most interesting aspects in my career as a jury consultant is unrelated to the expertise I provide to my clients on things such as trial strategy, jury selection, and witness preparation.  This interesting aspect of my job happens when my clients, all of whom are educated and intelligent attorneys, forget I am, […]

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Technology simplifies our lives, right?

Another clean out story. In purging the old equipment to prepare for the Magnus’ move to new office, we came across VCRs, VHS tapes, cassette recorders, cassette tapes, DVD duplicators, and more. These are a history of the technology evolution in our lives. Yet, it was also a reminder of simpler times. When we first […]

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I don’t endorse the premise that technology simplifies our lives. Sometimes, it does, sometimes it doesn’t, and sometimes, there is no noticeable difference between old and new technology within the realm of simplicity.  I don’t mind change; in fact, I thrive on it.  And, it is relatively easy for me to learn new ways of […]

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Putting Technology to Use

I was prompted to write this, and the prior post, because of Magnus’ recent move. The move necessitated discarding many tools which have been useful during our careers in trial consulting. When we started Magnus in late 1993, Melissa began to receive invitations to speak to groups of lawyers, insurance adjusters, and law school students. […]

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Thanks, in large part, to David, Magnus has always been ahead of the curve when it comes to using the most up to date technology.  I have been making presentations to large audiences for my entire career.  In the old days, when I was Director of Marketing Research at a large urban hospital, an A/V […]

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Show Don’t Tell

Trial exhibits are a big part of all properly conducted litigation. Most lawyers learned long ago that showing, and not just telling, is important. Some lawyers are more effective than others with this but most of them seem not to think visually. Once again, it’s Rush to the rescue. The first track on their 1989 […]

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Remember when we, as children, were subjected to “show and tell” by well meaning teachers?  I had little use for these trivial displays, finding most of my classmates’ showing and telling dreadfully boring.  However, this being said, the “show and tell” experiences from many people’s childhood illustrates the fundamental concept that a visual representation of […]

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Gaffer’s Tape

Perhaps it seems a bit silly to write about something as low tech as tape, but here I go. Gaffer’s tape is a special tape that looks somewhat like duct tape. And, yes, it is “duct” tape, not “duck tape; it originated as a product to use for HVAC duct work. Duct tape is the […]

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I am a huge fan of gaffer’s tape.  It protects Magnus’ mock jurors, clients, employees, and me from tripping over all of the wires and cords that would, absent it, cause a tripping hazard.  I like the fact that it sticks on the heavy industrial carpet found in most hotel and research facility conference rooms.  […]

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