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Litigation Research – 2's Company – MagnusInsights.com https://magnusinsights.com Mon, 29 Aug 2022 14:06:00 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.4 https://magnusinsights.com/wp-content/uploads/cropped-2sCompanyLogov23-32x32.jpg Litigation Research – 2's Company – MagnusInsights.com https://magnusinsights.com 32 32 Reactive v. Proactive https://magnusinsights.com/reactive-v-proactive/ Tue, 30 Aug 2022 17:00:00 +0000 https://magnus.lisawhitsell.com/?p=3233 My mother used to tell me that she, as well as almost everyone else, would “have to get up before breakfast to stay ahead of me.” For readers of this post who are unfamiliar with, as Mom used to say “old South Carolina sayings,” this means that, all things considered, I work and move at a pretty fast pace, such that most people have difficulty keeping up with me. One reason I am able to get things done quickly is that I am organized. I know what to do, how to do it, and how long it will take. Another reason for my speed is that I take a proactive approach to living my life. When it comes to work, I plan ahead, I see what needs to be done, and more important, I do it. I don’t sit around, idly staring into space, procrastinating, until the time comes for my work to be completed. A clear example of my proactive approach to life is these posts David and I write. On days when I have free time at work, I often spend 30 minutes or an hour writing several posts. I review the list of topics (which now numbers over 600), then I write as many as I can in the time I have available. This means that, at any given moment, I have 10 to 20 posts that are ready for David to add his part to them. I never, ever, need any prompting to write posts on an immediate basis (due to the fact we are out of things to post) because mine are already done. My proactivity often conflicts with other people’s reactive approach to life. Many people, to quote Mom and her funny expressions, “sit around and wait for the cows to eat them up.” (I haven’t ever heard of a cow eating anyone, but I heard Mom use this expression on countless occasions.) “Sitting around waiting for the cows to eat them up” means procrastinating, waiting until the last minute, then hurrying to complete a task that, with proper planning, could have been completed long ago. Many of Magnus’ clients fall into this category. They ask for my help, then I wait and wait, then wait some more for them to provide me with the materials I need to provide them the help they have requested. Sometimes, they wait so long that I am unable to help them. (Although I work pretty fast, there are limits to my ability to complete complex tasks at the last minute.) Most people are either proactive or reactive, with others falling someplace in between, depending on the task that needs to be performed. Word of advice: If you are a reactive personality type, please be prepared to move out of my way. I’m coming through, fast!

]]> Not Everyone in Purple Thinks the Same Way https://magnusinsights.com/not-everyone-in-purple-thinks-the-same-way/ Thu, 25 Aug 2022 17:00:00 +0000 https://magnus.lisawhitsell.com/?p=3229 Maybe it wasn’t really purple, more like lavender. The polo style shirts by 2 male senior citizens on one of our mock jury panels were very similar. I wasn’t present to witness the events first hand, but I have seen the video of the deliberations many times. The venue was a community where many senior citizens have retired. Despite their mutual appreciation of lavender, these 2 gents nearly came to blows with one of the two mock jurors aggressively castigating the other mock juror in offensive terms. Melissa and our research assistant had to intervene to cool the situation down and remind everyone of the need for civility. The situation did not deteriorate further, fortunately. And, the mock jury group was able to reach a decision that allowed us, and our clients, to learn from the session. The lessons of the day were beyond the case specific results. An important lesson, or hopefully a reminder, was that just because there are outward appearing similarities in people, each person is an individual. Assuming otherwise is dangerous. One of these men in lavender was very conservative, a defense oriented juror. The other man was much more plaintiff oriented. While other things were known about the two individuals, we’ve long reflected on how dramatic their differences were. They were both “old white men” wearing lavender/purple. But that was it. The experience now serves as a reminder that what you can see on the outside is not indicative of what is on the inside, in the minds and hearts of potential jurors. This event became a lesson used in one of Magnus’/Melissa’s Continuing Legal Education (CLE) programs, “Jurors say the Darndest Things.” In addition to occasional live presentations, the CLE program is available at www.magnusce.com.

]]> Probing Questions and Difficult Answers https://magnusinsights.com/probing-questions-and-difficult-answers/ Tue, 23 Aug 2022 17:00:00 +0000 https://magnus.lisawhitsell.com/?p=3226 I went to my primary care physician recently for my annual check up. (As an aside, my physician is smart: He has a Ph. D. in addition to an M. D.) My physician is committed to helping medical students with their education. He has mentored medical students from The University of Miami for decades and often involves them in my appointments. On this day, there was a particularly eager and earnest medical student who was helping my physician by asking some of the questions that are routinely part of medical examinations. The medical student asked me whether anything was bothering me, to which I replied that there are many things bothering me, none of which are medical in nature. (Word to the wise: Be careful what questions you ask a psychologist!) The medical student asked me if I take any drugs, prescription or non prescription, to which I replied, in a voice that sounded just like my mother, “No. I don’t even take an aspirin. I never have a headache or anything drugs would help.” He droned on and on with similar routine questions until he finally lost interest due to the fact that there was, apparently, nothing wrong with me. When he closed his notepad, signaling the end of his questioning, I informed him that, of all the questions he asked me, he forgot to ask a couple of important ones. He was quite taken aback, but he quickly recovered and asked, “What did I forget to ask you?” I told him that he should include in his pre-exam interview a few questions to determine whether the patient (female or male) is being victimized by physical abuse, sexual abuse, domestic abuse, sex trafficking, or anything similar that they might be reluctant to volunteer on their own. I told him it is his duty, in the interest of “doing no harm,” to ascertain things that are difficult to answer by asking probing questions, then paying attention to both verbal an nonverbal cues in an attempt to help his patients. Many times, a primary care physician is the first person to realize something is wrong with a patient that is an underlying cause of a medical problem. This young future physician thanked me profusely for contributing to his medical education. Lesson learned: Ask probing questions even when anticipating an answer that is difficult to provide. You might save someone’s life!

]]> Vacations https://magnusinsights.com/vacations/ Thu, 11 Aug 2022 17:00:00 +0000 https://magnus.lisawhitsell.com/?p=3214 At the time of this post, I am likely on vacation. After missing the opportunity to take a vacation for a couple of years, Melissa and I have been looking forward to it. The visit to this destination, Alaska, was delayed from our original plan and thus, we’ve been working on and revising the plans for months. It is difficult, as small business owners, to get away, really away, and be detached from work for any extended period of time. I’m not sure we ever can. I’ve “worked” from vacations in Hawai’i, Greece, Australia, and more, if only to reply to some emails from clients or staff. The purpose of a vacation is, to me, like rebooting a computer. Our brains need rebooting; they need to be cleared. It is a pressure release, and frees up brain cells from the stresses of daily life which recharges my brain for when I get back to work after the vacation. Permanent vacations have appeal, but I haven’t won the lottery yet. Vacations are a reward for hard work and they are good for mental health as well. Over the years, I’ve noticed some people almost apologize for vacations; I’ve felt that, at some level, when I realize how our schedule impacts our ability to work for clients at certain times. But, a vacation should not be a sign of weakness; rather, it is a sign that one is doing something healthy and productive. Bon voyage!

]]> What’s the Rush? https://magnusinsights.com/whats-the-rush/ Thu, 04 Aug 2022 17:00:00 +0000 https://magnus.lisawhitsell.com/?p=3212 Lately, it seems that we have one rush job after another. On the one hand, I’m glad we have jobs of any sort, especially after the impact COVID-19 related chaos on the legal system, and as a result, our business. But, it is a frustration that never diminishes when clients wait to the last minute to hire us. We are near the end of the litigation food chain in the mind of many attorneys, especially those with little experience hiring trial consultants. (Attorneys who hire trial consultants often learn the benefits of not waiting to the last minute.) But, here I am again today, waiting to work out details with a new client who first contacted me 6 or 7 weeks ago. They have been generally non responsive since that time, when I sent a proposal. The clock has been ticking. The trial date is fixed, it is unchanged, yet time has elapsed. I know that the attorney is not fully in control of the ticking time clock, his/her client often delays the game significantly. But, our work takes time, rushing it is not optimal for anyone. Years ago, a client remarked after the research, “I wish you had made me do it sooner…” I have always wondered how to make a client do anything! Nonetheless, planning ahead in any business makes sense to me. There is a time to seek information, but there is a time to take action. The clock is ticking.

]]> Exude Confidence/Lean In https://magnusinsights.com/exude-confidence-lean-in/ Thu, 28 Jul 2022 17:00:00 +0000 https://magnus.lisawhitsell.com/?p=3210 I’ve had a few instances in my working life when clients or customers reported to me, or my bosses, that I exude confidence. They were reporting that my performance stood out to them in some way. I’ve had similar experiences with particularly good workers in numerous settings. I suppose, by definition, most people are average, so those of us who rise above stand out. For me, it is about getting the job done in a way that the client will be more than just satisfied. Whether it is doing the job faster or otherwise providing a good product/service, I want my work to stand out. In thinking about this, I considered the many times when I’ve observed people who just try to get through life or work “under the radar.” They want to do their job, even if to minimal standards, and keep their heads down. They don’t offer to step up to help the customer or their employer. I’ve employed a number of these type of people over the years and they don’t typically last very long in their positions. This is not how I work, it isn’t how Melissa works, and it isn’t how we want people to perceive Magnus. I know there is always a need for some “worker bees” in any business, and, to a degree, that is fine. But, to have very satisfied clients, they need to see that everyone on the team is working to help them, even on little details. I know the concept of “lean in” has been a hot topic for a few years. As I think of it, I think of leaning in as a way to exude confidence. It is to take charge, or, at least, take ownership of a problem or situation or a task. Going through the motions is not, to me, a good career plan.

]]> Share The Positives https://magnusinsights.com/share-the-positives/ Thu, 21 Jul 2022 17:00:00 +0000 https://magnus.lisawhitsell.com/?p=3208 I observed Melissa do something today that is worth comment. She complimented our clients for the professional and supportive ways they have worked with us, and as a team, to prepare for a jury research project. The clients seemed taken aback to hear a compliment, and they were surprised their behavior was noteworthy. It is just how they operate, but we recognize it as an indication of more professionalism than we sometimes observe. We had another example recently when the clients were particularly good in preparing for research. The clients’ behaviors are not the focus of this post, however; the focus is on giving positive feedback. In today’s world, there seems a much greater tendency to bring out the negatives. Fussing about bad service, fussing about uncontrollable frustrations, complaining, whether warranted or not. Maybe for the sake of good karma, pointing out the good is important. We tip based on good service, so maybe the server knows the customer was satisfied, actually happy. But, unless we take the next step and tell someone they did a good job, the satisfaction is not really communicated. Better yet, telling the supervisor of the person providing good service makes a difference and rewards, at least intrinsically, the person making the effort to do a good job. It takes a little effort to pass along a positive, but it is something I try to do whenever possible. It helps me remember the positives in a world full of challenges.

]]> Fronting Money for Clients https://magnusinsights.com/fronting-money-for-clients/ Thu, 14 Jul 2022 17:00:00 +0000 https://magnus.lisawhitsell.com/?p=3180 One thing we learned the hard way, many years ago, is that advancing money on behalf a client is risky. On one of our first cases, we were given the verbal go ahead by an associate level attorney whose boss had told him to do so. We were very excited to work with this attorney, whom we had known for about 2 years. He was an interesting guy, a successful plaintiff’s lawyer, and we’d talked directly with him about the case. I wrote a check to our jury recruiter, advancing the up front cost to the recruiter on behalf of the client. I had no reason to doubt that this was “a go” until a few days later, when he said he never approved, wasn’t going to proceed, and too bad for us. We never heard from him again. I was out the money, but lesson learned. As a result of that incident, we’ve insisted on an up front retainer and signed agreement from all clients. It was not that we make all our decisions on the basis of one experience. There were others where clients were slow to pay. With costs outstanding, it is hard to be the bank for the client. I know plaintiff’s attorneys typically advance costs for their clients, but our fees are much smaller than theirs. And, while we know defense clients, such as insurance companies, will pay, the question becomes when. We have little leverage in the scheme of things except to request up front payments and getting paid prior to our research or consultation. Within the last week I’ve been dealing with a client whose payment was needed faster than their payment system typically allowed. They were transparent and helpful in the process, but they were unable to do a wire transfer or ACH payment to expedite the payment. An overnighted check was fine with me, but by the time they were able to get the check written, another day had passed. Then there was a holiday. We would have lost 4 or 5 days of mock jury recruiting time had we not decided to front the recruiting fee. Then there was the substantial research facility commitment. All of which meant that I had spent thousands of Magnus’ dollars on behalf of a multi-million dollar company. These are the types of things that cause stress, sweat and lost sleep. Fortunately, we’ve had a happy ending. The check arrived the day after the holiday and we are on track to do the project. But nothing is simple; it is always something when one operates a small business.

]]> Old School https://magnusinsights.com/old-school/ Tue, 12 Jul 2022 17:00:00 +0000 https://magnus.lisawhitsell.com/?p=3197 In many ways, I, and people like me, are considered “old school” or “retro.” Someone recently complimented me on an Alice Cooper t-shirt I was wearing, saying he really liked its “old school” look. I still use expressions from “back in the day,” such as groovy, psychedelic, cool (instead of hot, meant to describe something in a positive way), and freaky. And, first and foremost, I still love The Beatles! Mom and I had a long running debate on whether The Beatles were a passing fad or whether they would become a huge part of world culture forever. I was right; The Beatles came onto the worldwide music scene in 1963 and their music is as relevant today as it was then. I recently attended my high school reunion (Yay for the Fort Myers Senior High School Green Wave!), where dinner was provided by a long time local restaurant, The Farmer’s Market. Upon being served barbequed chicken in the buffet line, I remarked to the server that I had rarely had anything at The Farmer’s Market except fried mullet. He smiled and said, “Wow! You are really old school!” and I thanked him for recognizing this. Don’t get me wrong. I enjoy many modern conveniences and today’s rock music is, in my opinion, just as good (albeit different) than the music I listened to when I was younger. But the old school and retro groove is still an important part of my life. I wear bell bottoms, Birkenstocks, and peace sign earrings. There is a groovy lava lamp gurgling on my desk as I write this, near a Magic 8 Ball that I consult with some frequency. I know what I like and I see no reason to eschew these retro things just because they are old. Old school? Retro? As The Beatles once said, “yeah, yeah, yeah.”

]]> Shortcuts https://magnusinsights.com/shortcuts/ Thu, 07 Jul 2022 17:00:00 +0000 https://magnus.lisawhitsell.com/?p=3178 I recently read a newspaper article in a business/legal publication that prompted this post. The premise of the article was that women are more likely to be plaintiff prone on juries than men. Prominent and successful lawyers espoused their preference for having women on juries. A jury consultant (of whom I’ve never heard) reported research data to “prove” this point. While watching a mock jury deliberate recently, the most defense prone person on the panel was the youngest person, a 25-34 year old woman. She is tough, and, put another way, “very cheap.” She is a school teacher. Over the years, I’ve heard many lawyers, especially plaintiffs’ lawyers, say they never pick teachers for their juries. So, which is it? Juror #6 is not living up to the favorable plaintiff’s lawyer stereotype of women, but, she fits their stereotype of a teacher. Which stereotype to chose? NEITHER. It is not that simple. All women are not the same; all men are not the same. Even the reported jury consultant’s data demonstrated this to me. It stated that 53% of the time, women were more favorable for plaintiffs than men. That leaves 47% of the time when it wasn’t a woman who was favorable. A 6% difference means that, within the margin of error, even if the sample size was large, there were virtually no gender differences. Melissa has presented continuing legal education (CLE) programs to thousands of lawyers, most often, on the topic of jury selection. Countless times, the attorneys have asked questions seeking a shortcut, a magic bullet, or another easy way to decide who to reject on a jury panel. The message of this post is: get over it. Looking for the simple shortcut is a sure way to short change your client by not making optimal jury selection decisions.

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