Author Archive | David Fauss

Lawyers on the Move

A Point of View

David H. Fauss, M.S.M.

On September 26, 2019

Category: Careers, Employment, Entrepreneurship, Getting the Job Done, Getting Through Life and Work, Jury Consultants, Managing Employees

Having “chased” lawyers as clients for nearly 30 years I’ve observed something that I find interesting. As a whole, lawyers move around, from firm to firm, with some regularity. Because they stay within their chosen profession of law, their career mobility is primarily among firms. From their own firm, to merging with another firm, starting […]

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Another View

Melissa Pigott, Ph.D.

On September 26, 2019

Category: Careers, Employment, Entrepreneurship, Getting the Job Done, Getting Through Life and Work, Jury Consultants, Managing Employees

Although, in many professions, people don’t spend their entire career in one workplace, working for one employer, lawyers seem to move from firm to firm more than many other professionals do. I don’t know the reasons for this, but I expect they fall into the usual categories: (1) increased compensation at a new firm; (2) […]

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“What’s the next case going to be?”

Glass laminates, carpet glue, yacht paint, windshield wiper technology, medical negligence, accounting malpractice, legal malpractice, burns, brain damaged babies, dog bites, hurricane damage – to coffee, hurricane building damage, construction defects, government taking of land (eminent domain), murder, rape, cruise ship based crimes, cruise ship excursions gone wrong, toxic chemicals, environmental damage, celebrities accused of […]

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As the old saying goes, “been there, done that.” There are probably some types of lawsuits on which I have not consulted, but right now, I can’t think of one! A potential client asked me recently if I’d ever worked on: (1) a big case; (2) a professional malpractice case; or (3) a securities case. […]

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The Price of a Vacation

What is the cost of a vacation? I’m not referring to the cost of airplane tickets, the hotel, the cruise, the meals, activities, etc. I mean the less obvious costs. As I write this, I have just spent 2 days, well, maybe 1½, in a crunch time mode ensuring that all client work is under […]

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David wrote his part of this post before our fantastic vacation to the land of The Beatles, while I am writing my part after our return home. We had a wonderful vacation; it was the trip of a lifetime and a dream come true! Getting ready for it, as well as recovering from it, however, […]

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The Game Warden’s Badge

An event I observed decades ago on a dove hunting field created a memory I will never forget. Opening day of dove season is a social event, the hunt, or shoot, occurs on a large field, 30, 40, or more acres; hunters with shotguns are spread around the field. There are social norms of politeness […]

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Jumping to conclusions is rarely a good thing to do. Sometimes, one may be right, however, other times, one may be wrong. David mentions authority figures who fail to consider all of the circumstances before wrongly accusing someone of something. We have all heard numerous examples of police officers who shoot first and ask questions […]

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Never Hired a Trial Consultant?

While we work with many repeat clients, once, all of our clients had a first time experience hiring a trial consultant. And, these first time experiences happen on regular basis. I’ve come to realize that things which are second nature to me are foreign to first time prospects and clients. In fact, it starts when […]

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David has developed numerous aids to help Magnus’ first time clients understand what will happen before the research day, on the research day, and after the research day. The fact that many attorneys do not understand that conducting surveys, focus groups, and mock trials is research means we have a long way to go to […]

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10 Years After

No, not the band 10 Years After. This is a post of about a pleasant surprise. Something that worked as hoped, as intended. I recently got a call from a client with whom we worked 10 years ago. She was not the primary client then; she represented one of several defendants in a large case. […]

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Having just finished typing a report for the client David mentions, I will say I’m glad our clients read, then save, our reports. It takes many days of deep thought and concentration for me to write reports for Magnus’ clients. And, due to the so called modernization and high tech nature of our work environment, […]

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Sunk Costs

I recently had a conversation with a potential first time client who requested a proposal, a request I granted as always. I followed up with a call and the discussion quickly moved to the price. That’s not uncommon. But, what struck me in this conversation was that he stated that he, and his partners, had […]

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When attorneys, such as the one David has described, contact us about the possibility of retaining us, I believe they should understand there is a cost of doing business with us. (The old biker saying is applicable to many things in life, including working with a trial consultant: No one rides for free.) It astounds […]

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How serious are you about winning?

Continuing the discussion started in the post entitled How much risk can you take off the table?, the conversation took another turn when our client mentioned another question he asks certain clients, “How serious are you about winning?”. He usually works for sophisticated and/or wealthy clients on commercial cases – those without physical injuries. Many […]

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It amazes me that some clients are more interested in winning their cases than others, in that I believe winning one’s case should be a desirable goal for everyone who becomes involved in litigation. In fact, if I were an attorney who worked on high stakes civil litigation, I would consider asking all of my […]

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How much risk can you take off the table?

A recent lunch with a client involved an interesting discussion of how to convince “end” clients to spend money on mock jury research. For those who don’t know, in some cases, the lawyers advance the expenses, including expenses for things such as mock trials, and in others, they expect the actual client, the “end client,” […]

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In the early days of Magnus, our slogan used to be “reducing uncertainty.” We soon learned this was an ineffective slogan in that most attorneys don’t appear to be uncertain about anything. They may be wrong, quite wrong, but they are certain nonetheless! The idea of reducing risk is, perhaps, a better way to frame […]

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10,000 Hours

There is considerable research on what level of effort is required to perform at “master” or “expert” level at a variety of skills. Malcolm Gladwell expounded on this concept in his 2008 book, Outliers. Much of the focus of this research has revolved around becoming expert at a skill like chess or mastering a musical […]

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I don’t know how many hours it takes to gain expertise on something, but I do know expertise cannot be achieved without effort and experience. The characterization of an attorney as a “trial lawyer” is, in my opinion, misplaced unless the attorney has considerable courtroom experience. These days, many attorneys who call themselves “trial lawyers” […]

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