Author Archive | David Fauss

Feed the Photographer

Many years ago, my first career path was photography. I specialized in corporate media, including annual reports, public relations, event coverage, portraits, families (including a few dogs – the 4 legged kind) and I photographed quite a few weddings. Photographing a wedding is unique when compared to most of these other types of photography. But, […]

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Let’s face it. Some people are thoughtless. Withholding food from someone is rude, slightly mean, and for some people, can be dangerous. Many of my friends are professional musicians who, like David when he worked as a professional photographer, often work while others are having fun. I have heard countless stories from my musician friends […]

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Leverage

One uses a lever to gain leverage in order to be able to move something easier than moving it without the lever. I don’t know a great deal about physics, but I get this. And, it is important to look for leverage in life, in business, and in our world, the world of litigation. There […]

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I have lost count of the number of times in my career when an attorney retains Magnus in order to gain leverage over his/her client regarding the value of a lawsuit. We have worked on cases for plaintiffs’ attorneys whose clients believe that, because the insurance (or other) company has the financial resources to pay […]

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Vitamins

Do you take vitamins? (I do, especially vitamin C, after meeting Dr. Linus Pauling, and spending a day photographing him, during a visit he made to Jacksonville University. He got a Nobel prize for his research on Vitamin C.) How about a baby aspirin? (I do that too, why not, it’s cheap and it is […]

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Taking vitamins is a health precaution some, but not all, people believe in. In addition, there are certain types of people who avoid going to see a medical doctor, dentist, or psychologist, or who avoid taking their beloved pet to a veterinarian, until they are on “death’s door,” then there are other types of people […]

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Cindy’s Question

We recently experienced one of our worst nightmares in our trial consulting business. A case on which we had been working for many months, and for which we had been planning a large scale mock trial, settled a few weeks before the mock trial was scheduled. I’m sure it was a good result for the […]

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The expression, “easy come, easy go” has no applicability to the situation David just described when we have been preliminary retained for a case that will bring in sizable revenue, only to have it cancel due to the settlement of the case. Although we always charge a sizable portion of our fees as a retainer, […]

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Juror Background Checks

The only universal recommendation we make to clients these days regarding trial strategies is to be prepared to have background checks conducted on the potential jurors. Though this practice must be done with some care, and with the observation of a few Bar rules, it is important to prepare for background checks early. I have […]

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The voir dire process (which is defined as asking questions of potential jurors to de-select those who cannot be fair and impartial), as arduous as it may be, is never exhaustive enough to provide all of the information we need to know about every potential juror. There are time limitations, particularly time limitations related to […]

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Internet Based/Virtual Jury Research: Part 2

My previous post outlined the reasons why online “mock jury” research is not in reality “mock jury” research. In this, related, post, I will discuss additional constraints and limitations of online “mock jury” research. I will also add that I have concerns about confidentiality with online research. Confidentiality is more than just having a confidentiality […]

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David is passionate about this topic! It was the longest post he has ever written since we have been blogging in June, 2013, and it was so long, it had to be broken into two parts. David’s second part of the posts on online “mock jury” research pertains to a crucial, but often overlooked, aspect […]

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Internet Based/Virtual Jury Research: Part 1

Technology is not the answer to everything. I have recently been reminded of this when talking with more than one potential client who was curious about using internet based “jury research.” Specifically, we’ve recently been asked to bid on mock jury research only to learn that the competitor’s bid was for an online “mock jury.” […]

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Social psychology is the study of group behavior, among other things. By definition, a group is comprised of two or more people who assemble together. A jury, is of course, a unique type of group that is tasked with making important decisions that have a substantial impact on other people’s lives. When an individual or […]

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Good Cuban Sandwich

Recently, a small Cuban cafe opened near our office. While full service Cuban restaurants have never been far away, this one is really close, so I wanted to check it out (even though it is housed in a corner of a gas station). What I found was a guy with a plan. The owner proudly […]

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I agree with David; just as with many things in life, there are good Cuban sandwiches, great Cuban sandwiches, and then there are truly divine Cuban sandwiches. The differences among them are due to: (1) the quality of the ingredients; and (2) the training, expertise, and care of the person making the sandwich. One can […]

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Origin of the Jurors

Mock jurors may seem like a species unto themselves, but, when properly recruited, they are everyday people who are representative of the trial venue. Following the post on why Magnus controls research videos, I am commenting on the origin of the mock jurors because of another subtle detail I picked up recently in reading a […]

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There are almost as many ways to recruit research participants, including mock jurors, as there are types of jury/trial consultants, with both participant recruiting and consultants falling into “the good, the bad, and the ugly” categories. I will list all of possible ways I know Magnus and its competitors recruit people to participate in research […]

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Why We Control The Video Recordings

I recently had the unique opportunity to gather some “competitive intelligence” in the form of reviewing a competitor’s proposal. Hey, it fell into my lap; what was I supposed to do? Anyway, a small part of the proposal touted the idea of using a marketing research facility; in fact, this proposal was somewhat reliant on […]

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Call me a “control freak” all you want; I prefer not to take any chances when I am conducting research for Magnus’ clients. We are not in the video recording or production business, however, part of the services we offer to our clients includes video recording our proceedings, including the presentations made by the attorneys […]

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