Author Archive | David Fauss

The New World Order

Melissa and I have attempted do two things consistently with the posts we write. First, we try to be tactful, and not insult anyone. Second, we strive to be timeless, not dating our posts by the topic. This post breaks the 2nd rule, but hopefully, not the first objective. The topic is what some have […]

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Although many people cannot agree about politics, most people will agree politics have divided us into “us and them” factions more than, perhaps, any time in recent history. All of the people who are “us,” whatever that means on a personal basis, believe all of the people who are “them” are wrong, while all of […]

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Sleeping Beauties

The role of a trial juror is critical in American justice and yet, jurors are often criticized collectively by many trial lawyers and the general public. Being a juror is a difficult job; sitting in judgment of your fellow citizens can be very stressful, and trials are not nearly as exciting and fast paced as […]

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Sadly for most people who are selected to be on a jury, there are few attorneys who possess the oratory skills required to keep them interested in the case, not to mention engaged. I have had the pleasure to observe some skillful trial lawyers in my career as a jury/trial consultant, including Buddy Payne, J. […]

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Cars and Errands and Challenges

The life – work balance thing hit home again this past week when, during a period during when our work load is high, that is, we’re busy and Melissa’s schedule is very full, “life” intervened. First, my car acted up – turns out it needed a software upgrade (pretty hard to imagine) – but it […]

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As usual, David’s post has reminded me of song lyrics. In “Beautiful Boy,” by John Lennon, there is a line that says: Life is what happens when you’re busy making other plans. How true! Just when we think we have our lives neatly organized and compartmentalized, something unexpected happens, causing us to adapt to our […]

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Square Peg, Round Hole

A Point of View

David H. Fauss, M.S.M.

On February 15, 2018

Category: Business Frustrations, Getting the Job Done, Magnus, Magnus Insights, Magnus Research, Small Business Success

I’ve previously posted about my recent experiences in the JMI Small Business program and a takeaway I had from one of the sessions is how often small business owners “don’t fit the profile.” The problem relates to how we small business owners so often can’t answer the questions on the form like a “normal person” […]

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Another View

Melissa Pigott, Ph.D.

On February 15, 2018

Category: Business Frustrations, Getting the Job Done, Magnus, Magnus Insights, Magnus Research, Small Business Success

David and I lament about our inability to answer trite questions in ways that satisfy unimaginative questioners. For example, when a banker or other financial person asks, “How much money do you earn?” I attempt to explain I cannot answer without being asked “When?” because my job is such that, last week, I earned absolutely […]

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Reminder: Juries are Groups, Jurors are Individuals

So, the reader is probably thinking “duh, right, tell me something I didn’t know.” And, I agree, this should be obvious. Except when it isn’t. The beginning of a trial includes voir dire – asking questions of individuals – to determine which ones the attorney wants to include, or more accurately, exclude from a jury. […]

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David may believe it is obvious to most people that there are fundamental differences between juries and jurors, however, I must disagree with this conclusion. I find that most people, as well as most attorneys, rarely consider the group dynamics that are an integral aspect of jury behavior. In fact, I will go as far […]

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A Numbers Game

A Point of View

David H. Fauss, M.S.M.

On February 1, 2018

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

It happened last week, as it has many times before. “It,” in this case, is the random outcome of a mock jury project that surprises the clients most of all. The scenario was as follows: we were engaged to conduct mock jury research using 4 panels of mock jurors to deliberate to a verdict. The […]

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I have had the opportunity to observe thousands of mock jurors deliberate and, although I do not know in advance what their decisions will be, I know enough to realize people are not always who they appear to be. I have spent countless time watching and listening to people make decisions, including mock jury deliberations […]

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Buddy Payne

We’ve met some wonderful and interesting people in our years working with trial lawyers. One of those was R.W. Payne, Jr., better known as Buddy. Buddy was a true southern gentleman, hailing from North Carolina, then Virginia. He took control of the room when he entered, walking with the swagger of the former Marine and […]

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I have met few people throughout my life who possess the charisma and charm of the late Roland W. “Buddy” Payne, Jr.  Buddy was one of the most successful attorneys in the U.S.A. during his many years of practice as a trial lawyer.  Buddy was a trial lawyer in Miami at a time when trial […]

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Portable Food/Defensive Eating

It harkens back to my Boy Scout, “Be Prepared” days, but this topic of portable food is another of those basic, seemingly common sense items, that may not be so common “sensical” to everyone. The concept is simple. Schedules change, flights get delayed, the judge decides to work through lunch, the research facility is behind […]

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During my first interview for a job as a trial consultant, which took place in Manhattan, the experienced consultant who interviewed me asked if I was aware that working as a trial consultant required “defensive eating.” Maybe because I was awed at the sight of the Manhattan skyline from high above 57th Street, or uncomfortable […]

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Horn Blowing

Horn Blowing is a topic I’ll always associate with the late, great, Buddy Payne, Esq. Buddy was one of the top trial lawyers, anywhere, ever, and was from the plaintiffs’ old school in Miami (or as he said “Mia ma” – even though he was from Virginia). After he retired, Buddy coached Melissa and me […]

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I will begin my part of this post by thanking David for reminding me to write a post dedicated to Buddy Payne. Buddy taught David and me a lot of things, most important among them, that if we don’t tell potential clients about how wonderful we are, they might never realize it. Our clients are […]

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Chains or Local Restaurants?

On this dimension, I have observed that people fall into 1 of 2 categories. There are people who prefer large, national chain restaurants over local restaurants and those, like me, who prefer local restaurants over chains, for the most part. Perhaps I learned this from my Dad, who was always on the road during his […]

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No offense to the readers of this post who like chain restaurants, however, as a rule, I loathe them. I will go out of my way to avoid eating at a chain restaurant whenever possible. I prefer to patronize local eateries wherever I travel, both for business and pleasure. There are exceptions, of course, including […]

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