Archive | Litigation Research

How serious are you about winning?

A Point of View

David H. Fauss, M.S.M.

On August 8, 2019

Category: Getting the Job Done, Jury Consultants, Jury Deliberations, Jury Research, Litigation Consultants, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Trial Consultants, Trial Consulting

Continuing the discussion started in the post entitled How much risk can you take off the table?, the conversation took another turn when our client mentioned another question he asks certain clients, “How serious are you about winning?”. He usually works for sophisticated and/or wealthy clients on commercial cases – those without physical injuries. Many […]

Another View

Melissa Pigott, Ph.D.

On August 8, 2019

It amazes me that some clients are more interested in winning their cases than others, in that I believe winning one’s case should be a desirable goal for everyone who becomes involved in litigation. In fact, if I were an attorney who worked on high stakes civil litigation, I would consider asking all of my […]

Watch What You Say – You Never Know Whose Feelings Will be Hurt

A Point of View

Melissa Pigott, Ph.D.

On August 6, 2019

Category: Careers, Common Courtesy, Employment, Getting the Job Done, Jury Consultants, Jury Research, Litigation Consultants, Litigation Research, Magnus, Magnus Insights, Magnus Research, Managing Employees, Marketing your Business, Small Business Success, Trial Consultants, Trial Consulting

My first job upon earning my Ph. D. was Director of Marketing Research at a large hospital in Jacksonville, Florida. Soon after I began working, I met an influential staff member who escorted me throughout the entire campus, introducing me to all of the high level executives whom he believed would help me in this […]

Another View

David H. Fauss, M.S.M.

On August 6, 2019

I would add to Melissa’s elevator concerns the adage of “lose lips sink ships.” Beyond healthcare with its HIPPA rules, there are many environments where confidentiality is a concern. And, not just for the risk of hurt feelings. In fact, this is an area we make special efforts to train employees when hiring. And, we […]

How much risk can you take off the table?

A Point of View

David H. Fauss, M.S.M.

On August 1, 2019

A recent lunch with a client involved an interesting discussion of how to convince “end” clients to spend money on mock jury research. For those who don’t know, in some cases, the lawyers advance the expenses, including expenses for things such as mock trials, and in others, they expect the actual client, the “end client,” […]

Another View

Melissa Pigott, Ph.D.

On August 1, 2019

In the early days of Magnus, our slogan used to be “reducing uncertainty.” We soon learned this was an ineffective slogan in that most attorneys don’t appear to be uncertain about anything. They may be wrong, quite wrong, but they are certain nonetheless! The idea of reducing risk is, perhaps, a better way to frame […]

The Show Must Go On – Even With a Concussion

A Point of View

Melissa Pigott, Ph.D.

On July 30, 2019

Category: Business personalities, Careers, Getting the Job Done, Jury Consultants, Jury Research, Litigation Consultants, Litigation Research, Small Business Success, Trial Consultants

In the three decades I have been working as a jury/trial/litigation consultant, I have never missed attending a mock trial, focus group, or other research due to an injury or illness. Although I have been injured and sick (the latter, numerous times) on some research days, I have kept my health issues to myself. Instead […]

Another View

David H. Fauss, M.S.M.

On July 30, 2019

Category: Business personalities, Careers, Getting the Job Done, Jury Consultants, Jury Research, Litigation Consultants, Litigation Research, Small Business Success, Trial Consultants

Even though we’ve heard Atlanta Rhythm Section’s music for many years, listening to their songs still amazes when one listens to Paul Goddard’s bass lines. The show now goes on without him (sadly, he passed away in 2014), and I am sure he is a hard act for his successors to follow. The last time […]

Confirmation Bias, Part 2

A Point of View

David H. Fauss, M.S.M.

On July 11, 2019

Category: Business Frustrations, Getting the Job Done, Jury Behavior, Jury Consultants, Jury Deliberations, Jury Research, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consultants, Trial Consulting

In thinking about my prior post on confirmation bias, I thought about one aspect of being hired as a professional trial consultant. It happens that I recently saw an announcement of a bar association seminar on do it yourself (DIY) mock trials. I know that mock trials are often expensive when conducted by a qualified […]

Another View

Melissa Pigott, Ph.D.

On July 11, 2019

I’ll begin my part of this topic by saying that, if social psychologists, who study confirmatory bias and are, therefore, presumed to be experts on it, are subject to confirmation bias in their decision making, then almost anyone can engage in this type of biased information processing. Attorneys may be more educated and more intelligent […]

The day after a research day is not a holiday

A Point of View

Melissa Pigott, Ph.D.

On July 9, 2019

Category: Business Frustrations, Business personalities, Business Travel, Careers, Employment, Entrepreneurship, Getting the Job Done, Jury Consultants, Jury Research, Litigation Consultants, Litigation Research, Magnus, Magnus Research, Small Business Success, Trial Consultants, Trial Consulting

Conducting mock jury or focus group research is hard work. I am the first to admit this. After working as a jury/trial consultant for 30 years, I know everyone who works with Magnus does a great job, for long hours, in difficult environments, with demanding clients. I get it. I really do. I am right […]

Another View

David H. Fauss, M.S.M.

On July 9, 2019

It is interesting, and often frustrating, working with new hires whose perspectives on work have been formed in less demanding environments, if they have even worked in a professional environment. The day(s) after research are critical for assimilating the data collected, the videos uploaded, and addressing client concerns which emerged on the research day. As […]

Confirmation Bias, Part 1

A Point of View

David H. Fauss, M.S.M.

On July 4, 2019

Category: Careers, Entrepreneurship, Getting Through Life and Work, Jury Research, Litigation Research, Litigation Tips, Magnus, Magnus Research, Psychology, Trial Consulting

I read an article recently about confirmation bias and how it negatively impacts social science research and progress. Confirmation bias is “the tendency to seek, interpret, and create information in ways that verify existing beliefs.” (Brehm & Kassin, Social Psychology, 1989. Which is, coincidentally, a textbook for which Melissa co-authored the Instructor’s Manual and Study […]

Another View

Melissa Pigott, Ph.D.

On July 4, 2019

Category: Careers, Entrepreneurship, Getting Through Life and Work, Jury Research, Litigation Research, Litigation Tips, Magnus, Magnus Research, Psychology, Trial Consulting

David’s post is interesting to me in two regards. First, it is interesting that David, and not I, chose a topic related to my background as a social psychologist. Second, it is interesting that David focused his post on confirmation bias in social science research. Recently, the media have frequently mentioned confirmation bias, as if […]

Travel to maximize office/work time

A Point of View

Melissa Pigott, Ph.D.

On July 2, 2019

Category: Business Frustrations, Business personalities, Business Travel, Careers, Employment, Entrepreneurship, Getting the Job Done, Jury Consultants, Jury Research, Litigation Consultants, Litigation Research, Magnus, Magnus Research, Managing Employees, Small Business Success, Travel, Trial Consultants, Trial Consulting, Work-Life

The late Wayne Huizenga, who founded several major corporations and owned several professional sports teams, was quoted in a news article many years ago as endorsing the view that he and his employees traveled on business during the time most people are home, spending time with their families. For Mr. Huizenga, it was more important […]

Another View

David H. Fauss, M.S.M.

On July 2, 2019

Category: Business Frustrations, Business personalities, Business Travel, Careers, Employment, Entrepreneurship, Getting the Job Done, Jury Consultants, Jury Research, Litigation Consultants, Litigation Research, Magnus, Magnus Research, Managing Employees, Small Business Success, Travel, Trial Consultants, Trial Consulting, Work-Life

There is certainly a balance in scheduling work and work travel to meet the clients’ needs. Without imposing on our employees’ personal time or incurring too much expense related to overtime work, the clients’ needs must come first. And, one thing, I suspect, is not taught at law school is that the life of a […]

Jury Consultants Are Not Just for Jury Trials

A Point of View

David H. Fauss, M.S.M.

On June 20, 2019

Category: Business Frustrations, Getting the Job Done, Jury Consultants, Jury Research, Litigation Consultants, Litigation Research, Litigation Tips, Magnus, Magnus Research, Marketing your Business, Trial Consultants, Trial Consulting

In the vein of prior posts, this is an attempt to clarify another misconception about what we do as trial or jury consultants. Usually in the context of an introduction, I hear what might be called “sales objections.” There are varieties of these objections, but one is this, if introduced as a “jury consultant” I […]

Another View

Melissa Pigott, Ph.D.

On June 20, 2019

I prefer the term, “litigation consultant” to other terms more frequently used to describe the kind of work I perform. When I am asked what I do for a living, I rarely say I am a “jury consultant” or a “trial consultant.” Few laypersons know the meaning of any of these expressions and surprisingly, some […]

Trial Consultants Are Not Just for Trials

A Point of View

David H. Fauss, M.S.M.

On June 13, 2019

Category: Business Frustrations, Getting the Job Done, Jury Consultants, Jury Research, Litigation Consultants, Litigation Research, Magnus, Magnus Research, Marketing your Business, Trial Consultants, Trial Consulting

It happened again. I am introduced to a new, prospective client, a lawyer at a very large firm – one with a nationwide presence, hundreds of lawyers, and many offices. This is the kind of attorney whom I assume understands the concept of what a trial consultant does. But, no. I send an email introduction […]

Another View

Melissa Pigott, Ph.D.

On June 13, 2019

There are many people who believe they know more than they, in reality, actually know. Prospective clients who presume to know more than I know about the field in which I have been employed for the past 30 years are, in my opinion, rarely going to become Magnus clients. The misnomer “trial consultant” notwithstanding, it […]

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Archive | Litigation Research

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

Melissa Pigott, Ph.D.

Another View

David H. Fauss, M.S.M.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

Melissa Pigott, Ph.D.

Another View

David H. Fauss, M.S.M.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

Melissa Pigott, Ph.D.

Another View

David H. Fauss, M.S.M.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

Melissa Pigott, Ph.D.

Another View

David H. Fauss, M.S.M.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

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