Archive | Litigation Research

What’s the Rush?

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 […]

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As usual, David’s post has reminded me of a song.  As soon as I read the title, “What’s the rush?” I thought of a song by Leon Russell and Marc Benno called “Learn How to Boogie.”  It’s lyrics include:   What’s the hurry? What’s everybody hurrying for? Don’t worry What’s everybody worrying for?   If […]

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Exude Confidence/Lean In

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, […]

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I am a lot of things, but “average” is not one of them.  Never has been.  Never will be.  I can’t relate to how it must be to be average.  (People who have heard me play the bass guitar may disagree with my statement that I am not average, however, my long time teacher, a […]

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Share The Positives

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 […]

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I believe in giving credit where and when credit is due.  When I notice something good, I usually say something about it.  In fact, I try, diligently, to compliment people and situations more than I complain.  I have found complaining rarely results in positive attitude or behavior change.  (If you don’t believe me, ask yourself […]

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Fronting Money for Clients

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, […]

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The majority of Magnus’ clients are large corporations, such as insurance companies, financial institutions, and health care conglomerates, all of which have “mega bucks,” especially when compared to our small business.  Because of this, it is quite irksome when Magnus is expected to advance funds to pay our clients’ expenses.  Every time we conduct focus […]

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Old School

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 […]

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I don’t know when a part of one’s life, bell bottom pants for example, take hold as the norm such that later they become old school.  And, while Melissa is more retro that I am in terms of fashion, etc., she’s newer school in keeping up with modern rock music than am I.  She does […]

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Shortcuts

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 […]

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Some things change and some things remain the same.  Over the years of my career as a trial consultant, there have been several constant factors, including many attorneys’ search for “a magic bullet,” “an easy way out,” or as David says, “a shortcut.”  Instead of spending some time learning about how people make decisions, why […]

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Lessons Learned the Hard Way

I make mistakes, a lot of them. A few minutes ago, David pointed out my most recent mistake, for which I apologized. I almost always take responsibility for my mistakes and I try to correct them when it is possible to do so. Fortunately, none of my mistakes have resulted in seriously negative outcomes for […]

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Some of the lessons learned at the top of my list are not really mistake driven, but lessons learned due to many of the unique aspects of doing trial consulting work, including working with highly successful, demanding clients (attorneys) on difficult and complex cases.  And, further, while we are not doing “rocket science,” there are […]

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Don’t Sweat the Small Stuff

“Don’t Sweat the Small Stuff” is a phrase used to suggest one should relax, chill out, and not worry about the little things, things which sometime seem out of one’s control. Well, that’s great. But, our “day job” as trial consultants doesn’t allow it. Neither does my prior advocation, photography. For example, when photographing people […]

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This topic, “Don’t Sweat the Small Stuff,” came up recently during a slightly heated debate David and I were having about the proper way to prepare something we were having for dinner.  (As the reader might imagine, David and I have many debates, some over trivial matters, on an almost daily basis.)  I don’t recall […]

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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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