Author Archive | David Fauss

Reflections on Technology Changes

I was thinking about my iPhone recently in the context of how that small, but complex, device has made changes to my daily routine, to my work pattern. It did not happen over night, nor with the iPhone alone. I have had a car phone since the early 1980s. My first was a radio-phone which […]

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I am constantly amazed at the numerous ways technology has changed our ability to perform work on behalf of Magnus’ clients. David and I have been in the trial consulting business for a long, long time. I used to marvel at the efficiency of sending a fax to a client instead of mailing them a […]

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Plan B isn’t All Bad

Plan B carries a connotation that it is second best and, therefore, less desirable than Plan A. I guess it is, by definition, but that’s a bad rap as sometimes Plan B turns out just fine. Sometimes, it’s probably better. A few weeks ago while in a somewhat unfamiliar small town for a trial, Melissa […]

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I have a luggage tag that says, “I live my life according to Plan B.” I have found that life isn’t always as neat and tidy as I would prefer. Because of the nature of my job and its ever changing priorities due to fluctuating trial dates of multiple attorneys, I have learned to go […]

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Priorities as Hot Potatoes

I was recently thinking about how our report production process resembles the childhood game of Hot Potato. That’s the game where a group of children passes a hot potato, or some other object, with music playing. When the music stops, someone is left holding the hot potato. Kind of like musical chairs, without walking around […]

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I must admit that I enjoy playing “hot potato” as it relates to the process of preparing a report on behalf of a client far more than I enjoyed playing the game as a child (for that matter, the game of musical chairs was not for me, either). The concept of hot potato or passing […]

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Never Assume – Juror Profiling

During a recent mock jury session, one of the most outspoken mock jurors caught the attention of our client who was watching the proceedings remotely. This client, the general counsel of a large corporation, made a comment along the lines of “nothing about that juror’s profile would have made me think she would be good […]

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Profiling. Stereotypes. Bias. Prejudice. Most of us make “snap judgments” of others on a routine basis. Sometimes, we are right, but sometimes, we are wrong, wrong, wrong. I cannot count the number of times I have been asked, “Will men or women be better for us as jurors?”, leading me to respond, “Which men? What […]

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Is your consultant qualified? How do you know?

A story in the news this election season reminded me of the relevance of this topic. A candidate for the Florida House of Representatives was “outed” for reporting she had a college degree that she could not have had – the university she reported having attended never offered the degree shown on her (fake) diploma, […]

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I have decided to adopt the writing style of the famous author, Carl Hiaassen, for my part of David’s post. For those readers of our blogs who aren’t familiar with Carl Hiaassen, I will provide a brief introduction. Carl Hiaassen is an author who has written more than 20 books, as well as a long […]

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I don’t know what you do – don’t assume you know what I do

A frustration I’ve had over the years is when an attorney, a claims adjuster, a paralegal, or even a vendor of ours acts as though he/she knows how to do my job, our job. I’ll never forget the story Melissa, and others on our consulting team, told me of a case for which I was […]

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I have never understood why someone who “knows it all” bothers to retain my services, thereby paying for my expertise. After all, if one truly knows everything there is to know, what could be the benefit derived from paying someone to find out something already known? Wouldn’t it be better to merely bask in one’s […]

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The problem isn’t the problem. The problem is the response.

A Point of View

David H. Fauss, M.S.M.

On November 1, 2018

Category: Business Frustrations, Getting the Job Done, Managing Employees, Small Business Success

Stuff happens (you may have seen this phrase as a bumper sticker with a different “S” word). That’s right, things happen. Lightning strikes. Gremlins materialize. In our trial consulting work, there are frequent technical issues that lead to problems. With competent staff, they are kept to a minimum, but there are times when, for example, […]

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Another View

Melissa Pigott, Ph.D.

On November 1, 2018

Category: Business Frustrations, Getting the Job Done, Managing Employees, Small Business Success

Things can, and do, go wrong. People have bad days. Machines break (particularly, my computer, when I seem to need it the most!). Glitches happen to supposedly “foolproof” plans. Living life according to Plan B, and sometimes, Plan C, is part of most people’s everyday existence. What differentiates us is the way in which we […]

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Getting the Most from Research – Digging In

A recent Wall Street Journal article (August 11-12, 2018) entitled “To Get the Most Out of Polls, Delve Deeper” prompted this post. Though this post was about political polls and pollsters, there were several points relevant to the world of trial consulting. One quote caught my attention, “…, remember that neither a candidate’s polling percentage […]

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I enjoy, immensely, working with attorneys on their cases. Most of the attorneys who retain Magnus are intelligent, sophisticated people who are hiring us because they know they are experts on the law, but they are not experts on human decision making. There is a small subset of our clients who do not seem to […]

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Get it Right – The First Time & Every Time

Not too long ago, I attended a lawyers’ luncheon at which the speaker was the president of the Florida Bar. He made a few comments about various challenges lawyers face with their clients, specifically, the expectation by the client that they essentially have all of the answers so that they get it right the first […]

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Attorneys do not usually have advanced degrees in psychology or social science. As such, many attorneys do not have a full understanding of the scientific method, scientific research techniques (including proper sampling of research participants), human decision making, group dynamics, etc. That is why, of course, attorneys routinely turn to Magnus (or one of its […]

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Shaman Trial Consultant

I’ve been on a bit of a “tear” lately about caveat emptor. Hiring a trial consultant requires due diligence because, unfortunately, it doesn’t take much to hold oneself out as a trial consultant. A lawyer, a physician, a plumber, an electrician or a hairstylist has to be tested and licensed. We don’t. While there has […]

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Just for the fun of it, I verified that a Doctor of Philosophy, abbreviated Ph. D., is the highest academic degree awarded by any university. That’s right, dear reader, the highest degree. Whatever other degrees anyone may have, it is not possible to have a degree higher than a Ph. D. Please excuse me for […]

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