Author Archive | David Fauss

Jury Duty: Hurry up and wait

A few weeks ago, a multi-colored piece of mail arrived at our house. Melissa got her hands on it when she checked the mail and, sounding like Nelson from The Simpson’s, said “Ha ha; you’ve got jury duty.” I’ll add, again – at least my 4th or 5th time in Broward County. While I’ve written […]

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Fortunately or unfortunately, David has been summoned for jury duty more than I have. And, given the length of David’s post about his most recent jury experience, I guess he has strong feelings about jury duty. In contrast to most people I know, I would love, absolutely love, serving my country as a juror. But, […]

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The Law of Perpetual Motion

Busy seems to beget busy. And sometimes that “busy” maybe just doing things when time is seemingly available to fill the time. Then, when doing those things, real work happens. For example, a few weeks ago, I attempted to arrange a client meeting in Miami. Nothing happened, the scheduling just didn’t come together and it […]

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I don’t know if my perception is accurate, but it sure seems like not much happens when David and I are sitting around the office, wondering when our next case will come in. We have countless examples of “the law of perpetual motion” in our business lives, from the time, early in our owning Magnus, […]

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People want to be appreciated

A friend/client recently told Melissa and me that his father, a long time judge in Miami, often told him that “People just want to be appreciated.” We were discussing the frequency with which lawyers often seem not to appreciate the effort that goes into, for example, “free proposals.” (As a digression, while I interact with […]

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When David and I recently heard this phrase, “People just want to be appreciated,” from our friend, we reflected on this truism. Regardless of who one is, the status one has achieved in life, and other variables, all of us want to believe our contributions have made a difference in someone’s life. I learned this […]

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Busy is Good!

Being busy is a good thing when you own your own business, law practice, etc. I find it interesting, though, that other people do not share my perspective. From time to time, when speaking with someone who doesn’t quite appreciate that busy is good, I try to understand why. When this happens, the person to […]

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Busy is good. In fact, being busy is great! As the co-owner of a business, I am keenly aware that the only way we can survive, in the long term, is by being busy more often than not having work to do. Of course, as in most businesses, our work volume ebbs and flows, often […]

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Checking the Price Tag

A Point of View

David H. Fauss, M.S.M.

On June 28, 2018

Category: Jury Behavior, Jury Deliberations, Litigation Research, Magnus Insights, Magnus Research, Psychology, Trial Consultants, Trial Consulting

The old adage “if you have to ask the price, you can’t afford it” doesn’t apply to litigation. In part, this is because, especially in the context of civil litigation, affordability is not decided by the buyer. Buyers (insurance claims adjusters, for example) usually operate as if there is no price tag to check. We […]

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Most people are interested in knowing the price of something before they buy it. Typically, when the cost of an item is substantial, for example, the cost of a house, the buyer is keenly interested in knowing the factors that are important determinants of the cost, such as neighborhood, comparable sales, re-sale potential, etc. Litigation, […]

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Lawyers play chess; jurors play video games

I “appropriated” the title of this post from a litigation graphics consultant I heard speak recently at a Florida Bar function. I thought she was on to something with this simple, contrasting, perspective. Litigation is a “game” of strategy, and like good chess players, litigators are good at these strategies. They can move all of […]

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There are many variations on the theme about which David has written. Lawyers play chess, while jurors play video games. Lawyers play golf, while jurors watch NASCAR. Lawyers drink fine wine, while jurors drink Budweiser. Lawyers drive Mercedes-Benz automobiles, while jurors drive Ford pick up trucks. Etc. Etc. Etc. The point of these endless, and […]

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Cream & Sugar

Recently, I met a client/friend, or perhaps friend/client for “coffee.” Coffee is in quotes because I rarely drink it; I ordered iced tea. Here’s what went down. Robert asked for a coffee, with a little room for cream. The barista dude said “We only provide milk products for our lattes and cappuccinos. Our brewed coffee […]

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Readers of David’s and my posts often remark to me that they wonder when, or if, we will ever deplete our supply of topics about which to write. I believe this is highly doubtful, due to the colorful lives we live and our unique ways of looking at the world around us. Who would have […]

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O.J. Simpson’s Contribution to Trial Consulting

The topic of O.J. Simpson came up recently in a discussion I recently had about the world of trial consulting. The murder of O.J.’s former wife, and the subsequent trial, was one of the first televised celebrity mega trials. For better, or worse, almost everyone was aware of the accusations against O.J. in that case. […]

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O. J. Simpson has been vilified since the time he was accused of murder. David’s and my post is not intended as praise for O. J.; rather, it is written as an example of how one event, even a tragic one, can change other things which, at first glance, appear unrelated. I have no positive […]

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CYA: Another Reason for a Mock Trial

CYA, 3 little letters about something important – self protection. Cover your ass – there, I’ve said it. I don’t know when I first realized that attorneys sometimes use a mock trial to protect themselves from their client. There are many reasons for a mock trial but it was perhaps the attorney who once told […]

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I am a detail oriented, meticulous person who does not like to leave anything to chance. I strongly prefer to have more, not less, data with which to make a decision. I always practice my bass lines as much as time will allow before performing a gig (and I bring an extra battery in case […]

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“You’re Making Me Look Bad” (Because I Didn’t Read the Contract)

More often than one may think, I’ve been told by attorneys, who are the majority of our clients, that they never read our contract. This usually emerges when some detail “surprises” them. Yes, they received and later signed the contract to authorize our work. Yet, they often indicate that they did not see or understand […]

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It has been my experience, more often than not, when someone says “You’re making me look bad,” it is actually the case that the person saying this is making himself/herself look bad. Think about it. How many times has someone else made you look bad? Looking bad is something most people can do on their […]

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