Archive | Getting the Job Done

Power of Words: Plantation ≠ big farm

This post is third in a series of posts about David’s and my experiences in the Mississippi Delta. We had fun times, but as usual, we learned some unexpected things from people we met during our trip. One of Magnus’ long time and favorite clients is named Orman Kimbrough. Orman is a native of Greenwood, […]

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Sometimes it is the “little” surprises that happen while traveling that are the most memorable.  I, too, found the plantation/big farm revelation mind opening.  It is also a reminder about the evolution of language.  The “de-sexisming” of language seems to have mostly evolved.  Gone are mailman, stewardess, chairman of the board, replaced with the gender […]

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Debugging the Case

When I am wearing my marketing hat (one of many hats I wear, as discussed in other posts), I often find myself looking for ways to explain what a trial consultant does for a trial lawyer. As hard as it is for me to repeatedly explain, after 25+ years in this field, I frequently find […]

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As of this writing, I have consulted on thousands of high stakes civil cases. So far, there has never been a client who retained my services (or those of my employers, prior to the time David and I founded Magnus) because he/she believed he/she had a perfect case. Quite the contrary: 100% of the cases […]

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Won some should have lost; lost some should have won

In writing about the window of opportunity for trial consulting, I reflected on who are our “best” clients, and why.  Our best clients are the attorneys who “get it” – who understand what we do, what goes into it, and what they will get out of it.  But, how do they know these things?  They […]

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Despite what many people believe about themselves, it is impossible to know everything there is to know. A “know it all” never knows it all! Not to mention the fact that “know it alls” are rarely the most popular people! I have been working as a trial consultant for a very long time; so long, […]

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Window of Opportunity for Trial Consulting Work

Recently I’ve received calls from attorneys who wanted mock jury research on their cases, but the calls have come so late that I have been reflecting on when the window of opportunity is open for mock jury research. I have mentioned this issue in other posts, but because I’m noticing this recent spate of last […]

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Attorneys and social psychologists share few personality traits. Different types of people are, of course, drawn to different occupations. Social psychology is a research based doctoral degree; as such, it attracts people who are detail oriented; mathematically inclined; proactive; possessive of highly advanced logical reasoning skills; capable of designing, executing, and analyzing complex research programs; […]

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Cliques

I recently authored a post about poseurs. This is post is on a closely related topic, cliques. Cliques are present in almost all social groups. Social psychologists have, for decades, conducted research on in groups versus out groups and the societal roles played by these categorizations of people. Generally speaking, we humans prefer to socialize […]

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Other than being in the band, marching and concert, for much of junior and senior high, I don’t think I found myself in too many cliques.  And, I’ll report that, even within the unit of the band, there were sub cliques of those who thought they were the best of the bunch.  While I was […]

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How NOT to do mock jury research!

I recently had a telephone call from a prospective client who wanted help with a case going to trial within 2 weeks of his call. It was a big case and he asked that we conduct mock trial research on a specific Saturday (which was 10 days after the call), in our home venue (despite […]

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No one hates to turn down work, and more important, revenue generated from work, more than David and I do. However, we have turned down quite a bit of work over the years, for a myriad of reasons. In the recent unfortunate instance David mentions, any of the incorrect and unreasonable requests the prospective client […]

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Poseurs

We all know poseurs. Poseur is a French word derived from pose and poser and as we all know, it is used to describe someone who adopts a fake or insincere way of presenting himself/herself to others. There are all kinds of poseurs, including many politicians and celebrities, who affect their public image in ways […]

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I’m sure that Melissa and I are compatible because we share this genuine personality trait. I’ve never “gotten” or understood the poseurs – whether high school jocks or cheerleaders, or in any other context, including our current work. I know that in our current work, trial consulting, our clients have to put on a “show” […]

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Entrpreneurial Hats

I don’t wear (real) hats that often, unless I’m going to be in the sun, or in the cold weather.  I have lot of hats, a habit of collecting them picked up from my Dad.  He has quite a collection, many of them from trucking companies or manufacturers.  In fact, as a child I thought […]

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David is right: I don’t wear as many hats in owning and operating our business as he does. My job primarily consists of preparing for research projects, for example, mock trials; conducting research; preparing detailed reports containing research results and recommendations for litigation strategies; supervising our research team; selecting juries; making presentations to lawyers, insurance […]

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Trial Consultants & Dentists

A Point of View

David H. Fauss, M.S.M.

On March 16, 2017

Category: Getting the Job Done, Litigation Tips, Marketing your Business, Psychology, Trial Consulting

Okay, what do trial consultants and dentists have in common? I was prompted to think about this recently when I met a dentist who is participating in the Jim Moran Institute/Florida State University Small Business Executive Program with me. He and I were discussing how people dread going to the dentist. It is one of […]

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Another View

Melissa Pigott, Ph.D.

On March 16, 2017

Category: Getting the Job Done, Litigation Tips, Marketing your Business, Psychology, Trial Consulting

I don’t understand why some of Magnus’ clients, all of whom are trial lawyers, are afraid of retaining us as a way to prepare for trial, mediation, and arbitration. In that lawsuits and litigation is their sole reason for their professional existence, why would they resist improving their chances of success by benefitting from our […]

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Identity Crisis of Trial Consultants, Part 3: Jury v. Bench Trials or Arbitration

A Point of View

David H. Fauss, M.S.M.

On March 9, 2017

Category: Business Frustrations, Getting the Job Done, Litigation Tips, Marketing your Business, Psychology, Trial Consulting, Trial Science

This is the final post in the series on the identity crisis of trial or jury consultants. In this post, I want to comment on the term “Jury Consultant.” Over the 25+ years of being in this field, in response to my self introduction, I have heard 2 other things. The first is, “…In my […]

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When I remark to attorneys that “Judges are people too,” they often reply, “No, they are not!’. All kidding aside, juries, judges, mediators, and arbitrators are people. They may have different backgrounds, but over the 4 decades I have been conducting research on humans, I have found people have more characteristics in common than differences. […]

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