Author Archive | David Fauss

Take Names

I’m not sure when or why I learned to “take names,” but doing so has served me well. By “taking names,” I mean making a note of the name of the person on the other end of the phone line, or maybe in person, for example, a store manager. Whether it is in the context […]

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Learning people’s names is an important skill that often takes time and effort to develop.  When selecting a jury, for example, attorneys are required to address each prospective juror by name so that the court reporter can ensure the permanent record of the trial is accurate.  The attorneys are required to address each potential juror […]

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By the Numbers

Periodically, I evaluate Magnus’ “numbers” on case types, history, venues, and clients. By this, I mean I classify the cases on which we’ve worked since the last time I “ran the numbers.” I, long ago, created spreadsheets for this purpose and I simply tally the new cases by client, category, venue, etc. It is relatively […]

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The number crunching that is part of David’s job is vastly different from the number crunching that is part of my job.  David’s analyses of our business sources and their associated revenue provide a good foundation for our marketing efforts as we forge ahead into another year.  It is interesting to see how our business […]

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No Headphones in Office

I’m catching up on some topics I came up with years ago. I came across this one regarding the use of headphones during work hours. We haven’t had much of a problem with this, but when we did, it was one of those things that caught me off guard. The fact that someone would be […]

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No headphones in the office!  No ear buds in the office!  No music in the office!  No, no, and no.  I love music, as almost everyone who knows me is aware.  I love music played loudly.  Turn it up!  But, when I am working, I require absolute, or near absolute, silence.  I need to concentrate.  […]

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I Can’t Drive to the Interview; Can You Skype?

Many years ago, I came up with the title to this post, “I Can’t Drive to the Interview; Can You Skype?” Skype was new and I was not familiar with it when a job applicant asked this question. Back then, the idea of not meeting an applicant in person was foreign. I realize how things […]

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In the almost 30 years David and I have co-owned Magnus, we have had some “doozies” concerning employees, potential employees, and former employees.  I could almost write a book about these people!  On this last round of interviewing, which was as painful as ever for me, it was humorous to observe the number of job […]

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Refocusing “on the Fly”

As the saying goes, the best laid plans… Change is part of our everyday existence as litigation consultants, especially in our world of keeping up with lawyers. We’re down in the chain of command, thus, when things change for our clients, they change for us. Just today, a lawyer calles about a change in his […]

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David and I have written about the need for flexibility in our world of work in prior posts.  Flexibility, and along with it, the willingness to change plans on a moment’s notice, are job requirements for everyone who works at Magnus.  I often find it difficult to explain to the “uninitiated” about why I never […]

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The Answer

I saw a post on a Facebook friend’s page that said “You don’t have to know the answer, you just have to know how to find the answer.” That prompted a number of thoughts. First is the issue of “the answer.” Sometimes there is not a single answer. Sure, to basic mathematical questions there may […]

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Many people, some of Magnus’ clients included, look for the “easy way out” of many situations.  Often, there is an easy way out, for example, when a door is marked with an exit sign, or when a restaurant menu is placed in front of someone, or any one of the countless other situations we encounter […]

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Foresight

I was listening to a segment on my local NPR station yesterday having to do with attempts to pass legislation that, among other things, will provide funds for much needed repair work on roads and bridges. The reporter said the United States spends less money on infrastructure than many other developed nations (in relationship to […]

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David’s post raises some good points, many of which have to do with the psychological phenomenon known as defensive attribution.  Defensive attribution occurs when an observer attributes the cause of a misfortune in ways that minimize their own fear of experiencing a similar fate.  Many people attribute other people’s negative experiences to a personal failing, […]

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Rust Never Sleeps

The trigger for this post was my need to prepare some paperwork for a client recently. It had been a few months since I had done this particular paperwork and, I’ll admit, I felt rusty. Rusty in the sense that it wasn’t as smooth a process as I would have preferred. When I realized it […]

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I like David’s reference to a Neil Young song!  “Hey hey, my my.  Rock and roll will never die.”  What great lyrics!  However, to get to the point of David’s post instead of singing along with Neil Young, I will pose a rhetorical question: How does one hone trial skills without practicing?  Sitting around, resting […]

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Calculated Risk

For a number of years, Melissa spoke to law students at Stetson University at the invitation of the late Professor Mickey Smiley. Professor Smiley did his students a favor, which I hope they later appreciated, of inviting successful trial lawyers, and at least 1 trial consultant, (Melissa) to speak to his trial skills class to […]

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Professor McKinley, “Mickey,” Smiley was a beloved law professor at Stetson University.  He passed away in 2016, following a lengthy tenure at Stetson.  Beginning in 1997 and continuing until Professor Smiley’s retirement in 2005, I had the honor of being an Adjunct Professor in the College of Law, where I lectured to students in his […]

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Illuminating Litigation

Many years ago an attorney shared with me why he liked conducting mock trials on his cases. He said that litigation without jury research is like driving in the dark without headlights. I’m not willing to say that trial lawyers are always driving in the dark, but I agree with his premise: mock jury research […]

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I frequently observe people driving in the dark with no headlights.  It is a dangerous thing to do because not only can the driver not see where he/she is going, but other drivers can’t easily see the “ghost vehicle” either.  On the few occasions when David and I went boating after dark, we saw boats […]

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