Archive | Jury Deliberations

Are They Paying Attention?

My post about whether the mock jurors take it seriously reminded me of another aspect of this client related surprise. Watching a group of people, mock jurors, listen to the case arguments in a mock trial can sometimes be misleading. Some mock jurors are clearly engaged, others have their eyes closed, others are frantically taking […]

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Similar to some attorneys’ concern about whether the mock jurors take their participation seriously is their concern about whether the mock jurors are paying attention.  And, just as it pertains to the issue of the mock jurors taking the case, and their participation, seriously, I have found that most of them pay attention. There is […]

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Do They Always Take it Seriously?

A client, who had never observed a Magnus mock trial, asked the question which is the title of this post during a recent mock trial. The “they” is the mock jurors. The “it” is the case. The answer is YES! The rest of the story is that, despite the mock jurors knowing they are only […]

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It is difficult for new clients to understand the seriousness with which most of Magnus’ mock jurors conduct themselves during mock jury research.  Everyone who attends a mock jury, of course, knows they are part of a research exercise, thus, the word “mock” precedes the word “jury.”  Not only do the attorneys recognize we are […]

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Commercial Litigation: Benefits of a Trial Consultant, Part 3

In the 3rd post in the commercial litigation series, I want to bring some points together. We’ve discussed that executives are accustomed to being in charge, to being the “boss,” and that as litigants, it is often frustrating for them not to be. Also discussed is the fact their perspective may not align with decision […]

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When executives make important business decisions, they must have all available data in order to make the correct decision.  When making the correct decision has an impact on the company’s bottom line, it is imperative to assess every nuance that could impact the company’s future.  In the world of litigation, the bottom line of a […]

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Commercial Litigation: Benefits of a Trial Consultant, Part 2

This is part 2 of the benefits of a jury or trial consultant in commercial litigation. As noted in the prior post, in commercial litigation, high powered people are often involved. We have been involved in many cases in which these parties were “out for blood.” Even though the cases were “only about money,” the […]

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Magnus has worked on numerous commercial cases in which things between or among the parties became personal.  Some people wrongly believe that, because commercial cases are mostly about money (as opposed to compensating someone for an injury), they are boring and impersonal.  This belief is a misconception because, although commercial cases involve a plaintiff suing […]

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Commercial Litigation: Benefits of a Trial Consultant, Part 1

I had a conversation with a friend/client recently. He previously hired us in a personal injury case, but now works in a firm that does mostly commercial litigation. The question arose about what we, at Magnus, do in commercial cases. I explained that a high percentage of our cases are commercial cases. Sometimes, clients or […]

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I have worked with many witnesses during my career.  As with many things in life, my first experience is memorable.  The case was a high profile case in my hometown and the key witness was the owner of a well known and well respected corporation.  Both the corporation and its owner were defendants in the […]

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False Positives

False positives are research or test results that are inaccurate and make one think the result is positive, when in fact, it is negative. With a medical test, for example, it could mean a blood test result indicates a problem when there isn’t one. There are, of course, false negatives, but I think in the […]

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In my world of science and statistics, a false positive result is called a Type I error, leading to a rejection of the null hypothesis.  For example, if the null hypothesis is that, absent changing one’s theory of a case, the case will be won, then improper research is conducted, leading the case to be […]

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COVID-19 Jury Composition Conjecture

As trial consultants we try to stay current by reading lots of newspapers, journals, and magazines. Recently, I’ve noticed people writing about the composition of juries post COVID-19 (not that COVID-19 is over, “post” in this context merely indicates a world where COVID-19 came into being). Because of the politicization of COVID-19, vaccines, masks, etc., […]

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I guess speculating about the composition of juries gives people something to discuss.  And, at least it’s better, in my opinion, than listening to people drone on about their experiences as jurors.  (The latter discussions, when I am unwittingly involved, remind me of “One time, in band camp…” and are just as uninteresting!) I don’t […]

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It’s a Big Job!

Melissa and I have mentioned we are undergoing a big home improvement project this year. It is not one we wanted to undertake: a new roof! We first heard “It’s a big job” when securing bids for the roof project. “It’s a big roof, it’s a big job….” Well, yes it is. Isn’t that great? […]

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I’m proud to say that, in almost 30 years of owning and operating Magnus, David and I have never had a job that was too big to accept.  When prospective clients ask me if I have ever worked on a “big” case, implying that I might not have the expertise to work on their case, […]

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Quantifying Change

It is an exciting time to be a data nerd – the 2020 Census data are trickling out. And, apologies to Bob Dylan, with the times, the data are a-changing! The key data points released thus far confirm the growing diversity of America. I’ve been looking at some of the numbers for Florida, with a […]

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I’m thrilled that David decided to write about this topic!  I am the embodiment of the definition of “science nerd” and “data nerd.”  I love both science and the data obtained from research more than almost anything.  (The recent refusal of some people to believe in science, particularly medical science, is mind numbing to me, […]

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Leadership styles

Many people wonder how leaders emerge. Some people endorse the view that certain people are “born leaders,” while others believe leadership is a skill that is acquired. Organizational psychologists have studied leaders, leadership, and leadership styles for decades to determine what traits separate effective leaders from leaders who lack effectiveness, the situations in which leadership […]

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I often learn new things in reading what Melissa has written.  As someone whose graduate work was in the Organizational Behavior field (the business school version of I/O psychology), leadership is a familiar topic.  But, considering her perspective on how leadership plays out in the jury decision making process is enlightening.  Melissa is the expert […]

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