Author Archive | David Fauss

Telling the end client they need a new attorney

A Point of View

David H. Fauss, M.S.M.

On September 15, 2016

Category: Business Frustrations, Business Relationships, Getting the Job Done, Litigation Tips, Trial Consulting

One of the strangest outcomes of mock jury research is the realization, and documentation, that the attorney for whom we were working was not up to the challenge. Though we never anticipated this would occur, it has. And, it has happened more than once. The first time I recall this happening was when we were […]

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Another View

Melissa Pigott, Ph.D.

On September 15, 2016

Category: Business Frustrations, Business Relationships, Getting the Job Done, Litigation Tips, Trial Consulting

The majority of Magnus’ clients are attorneys who have super sized egos. Some of our clients’ egos are well deserved, in that they are stellar advocates on behalf of their clients. Other attorneys seem to have a self conception that does not match their accomplishments. (I am well aware this happens among people in other […]

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If you see something, say something

A Point of View

David H. Fauss, M.S.M.

On September 8, 2016

Category: Business Travel, Common Courtesy, Life Outside of Work, Travel, Work-Life

In the brave new world we live in since 9-11-01, we all have extra concerns when traveling, especially flying. Melissa and I were traveling home from client meetings in Atlanta recently when we experienced an event that made the new realities more real than ever. I was seated at the lounge near the gate, waiting […]

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Another View

Melissa Pigott, Ph.D.

On September 8, 2016

Category: Business Travel, Common Courtesy, Life Outside of Work, Travel, Work-Life

Although it would have made things simpler to intervene if we had been able to understand what was being said by the man and woman who were fighting in the Atlanta airport, without a doubt, the tone of their voices indicated something was terribly wrong. In addition, their interpersonal violence, in the form of shouting […]

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Red Flags when hiring a Trial Consultant, part 1. Predictability Claims

I recently had the opportunity to view some materials produced by a competitor for a client. In the materials, the competitor stated that a certain methodology they offered would predict the trial verdict with 90% accuracy if the case goes to trial (this is paraphrased, but is essentially what was claimed). As someone who has […]

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This is a “G rated” blog, so I will limit myself to saying there are many, many trial consultants who are full of IT (the astute reader will know what IT means in this context). Conducting small group research doesn’t predict any outcome with 90% accuracy. If it did, why would political polls assess opinions […]

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When we all think the same, watch out

A Point of View

David H. Fauss, M.S.M.

On August 25, 2016

Category: Business Frustrations, Careers, Getting the Job Done, Litigation Tips, Trial Consulting

I recently read a Wall Street Journal article with the same title as this post, “When we all think the same, watch out.” I smiled when I saw it because I was already thinking I could figure out where this was going. As it turned out, it related to the economy and the factors that […]

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Another View

Melissa Pigott, Ph.D.

On August 25, 2016

Category: Business Frustrations, Careers, Getting the Job Done, Litigation Tips, Trial Consulting

Groupthink is a dangerous social psychological phenomenon. It was first defined by Irving Janis in 1971 as pressures toward uniformity due to group members’ desire to agree with their leader. Groupthink is most likely to occur when: (1) the group is cohesive; (2) there are structural faults in the group (such as an absence of […]

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Sharpening the Saw

A Point of View

David H. Fauss, M.S.M.

On August 18, 2016

Category: Careers, Employment, Getting the Job Done, Litigation Tips, Small Business Success

The last of the 7 habits discussed in the 1989 book by Dr. Stephen R. Covey, The 7 Habits of Highly Effective People is entitled “Sharpening the Saw.” This habit has been summarized as focusing on continuous growth and improvement. Dr. Covey focused on 4 areas of self-renewal: physical, social/emotional, mental, and spiritual. I read […]

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Another View

Melissa Pigott, Ph.D.

On August 18, 2016

Category: Careers, Employment, Getting the Job Done, Litigation Tips, Small Business Success

It is an irony of modern litigation that “trial lawyers” rarely go to trial. In fact, many of Magnus’ clients, all of whom are trial lawyers, have not had a jury trial in several years. Not only are these attorneys in danger of losing their edge in the courtroom due to an absence of practicing […]

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The Bedside Note Pad

A Point of View

David H. Fauss, M.S.M.

On August 11, 2016

Category: Business personalities, Careers, Getting the Job Done, Getting Through Life and Work, Small Business Success

Ask an entrepreneur what keeps him or her up at night and one of many answers you will likely get is a fear of forgetting to do something. I don’t know how many things I tried to make myself remember at 3 or 4 a.m. before I read a very simple, and what should be […]

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Another View

Melissa Pigott, Ph.D.

On August 11, 2016

Category: Business personalities, Careers, Getting the Job Done, Getting Through Life and Work, Small Business Success

As fond as I am of making lists, writing notes, and keeping records of my life on various calendars, I do not share David’s penchant for writing notes to myself in the middle of the night. The middle of the night, in my opinion, is for sleeping, not note writing. I have never, ever, stayed […]

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Speaking Engagements; You Never Know

A Point of View

David H. Fauss, M.S.M.

On August 4, 2016

Category: Marketing your Business, Small Business Success, Trial Consulting, Work-Life, Workplace Technology

The 1997 book by Harry Beckwith, Selling the Invisible, is about the differences in marketing a tangible product, the good old generic widget, as compared to selling an intangible product – a service. It is a wonderful book for those of us selling services, like we do as trial consultants. As a working photographer, this […]

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Another View

Melissa Pigott, Ph.D.

On August 4, 2016

Category: Marketing your Business, Small Business Success, Trial Consulting, Work-Life, Workplace Technology

In the time David and I have co-owned Magnus, I have given hundreds of presentations to audiences ranging from a handful of people in a law firm to hundreds of people in huge hotel ballrooms. Thus far, I have never received any compensation for making one of these speeches. On some occasions, the law firm […]

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Don’t rely on memory; make lists

A Point of View

David H. Fauss, M.S.M.

On July 28, 2016

Category: Business personalities, Careers, Employment, Getting the Job Done, Getting Through Life and Work, Managing Employees

It sometimes surprises me that things I find very basic are not obvious to new hires. I know that my brain cannot possibly keep track of all I need to do such that I have long used lists. I recall being very organized in college about classes, assignments, etc., and perhaps not everyone has to […]

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Another View

Melissa Pigott, Ph.D.

On July 28, 2016

Category: Business personalities, Careers, Employment, Getting the Job Done, Getting Through Life and Work, Managing Employees

People vary in their memory function, just as they vary on other personal dimensions. There are some people, like me, who remember most things, in great detail and with accuracy; then, there are other people who don’t (or can’t) remember much of anything. Most people, of course, are someplace in the middle of these two […]

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Fiction Imitating Life: “Vigilante Justice”

A Point of View

David H. Fauss, M.S.M.

On July 21, 2016

Category: Business personalities, Getting the Job Done, Life Outside of Work, Marketing your Business, Partnerships, Trial Consulting

Dr. Melissa Pigott of Magnus Research Consultants is featured as a character in a book by Dr. Linda Foley, Vigilante Justice. Dr. Foley is a social psychologist who, now retired from the University of North Florida, writes murder mysteries set in Gainesville, Florida, in and around the University of Florida. Vigilante Justice is Dr. Foley’s […]

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At the time of this writing, I have known Dr. Linda Foley for 36 years. I met her when I was a psychology graduate student at F.S.U. and she was the Chairperson of the psychology department at U.N.F. At the time I met Dr. Foley, she was well established in her career, while mine had […]

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Educating clients, without alienating them

An aspect of our trial consulting business that is sometimes difficult to address is that, as noted in other posts, we have competitors with a wide variety of qualifications, from those like us, with extensive educational backgrounds and degrees, to those with no education beyond high school. Further, some of our competitors are so uneducated […]

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The title of this post is “Educating Clients, without Alienating Them,” however, there are some clients who, in my opinion, have no hope of becoming educated about the reasons why they should hire my company over one of our unqualified competitors, such that I wish the title could be, “Alienating Clients without Educating them.” Some […]

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