Archive | Litigation Research

RESPECT, addenda

We recently posted about RESPECT and used a couple of examples of how we were shown disrespect by our clients – “dissed” may be the current term for this. A friend (thanks Al) pointed out that the post might backfire if potential clients of ours were to think we’d post something negative about working with […]

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Many thanks to my dear friend, Al Weigand, for pointing out that there are sometimes multiple interpretations, including some that are unintended, of things we write. Al is a thoughtful, deliberative person who, upon reading the post about RESPECT, cautioned me that it could be interpreted by potential clients of Magnus as having the intent […]

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Have favorite things

I try to approach life with a sense of curiosity and wonderment. I also like to have fun! My dad instilled a sense of curiosity, wonderment, and fun in me early in my life. During our family’s dinner time, Dad would ask Mom and me what we did that day, as well as what was […]

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I’m not quite as big a favorite thing person as is Melissa; I sometimes have difficulty telling her my favorite song or similar detail from a concert. Even in RUSH shows where the songs, and visuals, compete with each other, it is difficult for me to pick a favorite. I have some favorites, like my […]

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When losing is winning. Part 1.

Everyone wants to win, right? This post is being written to say winning isn’t everything. At least not in a mock trial. Regardless of whether it is a mock jury, mock arbitration, mock bench trial, or whatever, the process is not about winning. It is about debugging the case. It is about finding the problems […]

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The purpose of mock trials is not to “win,” rather, the purpose of conducting any type of litigation research is to assess the strengths and weaknesses of a case. In the decades I have been conducting pre-trial, pre-mediation, and pre-arbitration research for attorneys, I have worked with numerous clients who “get it,” and who truly […]

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Why do we do this anyway?

I’ve been writing a number of posts recently that contain quite a bit of negativity. Negative events, negative people, me griping. I realized that some might question why Melissa and I do what we do – why we chase attorneys, why we work in such a contentious world. Some people we know can’t imagine working […]

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I became a psychologist to help people. Although I am not a clinical psychologist who helps patients overcome various psychological maladies, in my job as a social psychologist who consults with attorneys, 100% of what I do is aimed at helping those in need. I like to help people. I like to make a difference […]

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Better Safe than Sorry

A client of ours recently told me his motto was better safe than sorry. This was in the context of setting a meeting and allowing adequate time for Miami traffic – which can be a real challenge. But, his motto is something I’ve often thought about and attempted to use, tactfully, with potential clients who […]

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I am a firm believer in the motto, “better safe than sorry.” I am a careful, conscientious person who checks, then re-checks, then re-checks my work, in an attempt to prevent errors. Many of Magnus’ potential clients, however, prefer to “fly by the seat of their pants” then hope for the best outcome, sometimes having […]

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Racism is Alive, but Not Well

A Point of View

Melissa Pigott, Ph.D.

On July 24, 2018

Category: Getting Through Life and Work, Life Outside of Work, Litigation Research, Magnus, Magnus Insights, Magnus Research, Psychology

I have written several posts about my experiences with sexism, both in work and personal situations (for example, most men’s reactions to seeing my bass guitars, assuming they belong to David, due to the mere fact David is a man and I happen to be a woman, a woman who plays the bass!). Because I […]

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Another View

David H. Fauss, M.S.M.

On July 24, 2018

Category: Getting Through Life and Work, Life Outside of Work, Litigation Research, Magnus, Magnus Insights, Magnus Research, Psychology

One doesn’t have to look hard, even in 2018, to see overt racism. It might be obvious in Charlottesville, or it might be subtle, or not so subtle, as in many political discussions. While getting beyond the battles of the civil rights era is important, moving forward has proven difficult in the United States. Maybe […]

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The Law of Perpetual Motion

Busy seems to beget busy. And sometimes that “busy” maybe just doing things when time is seemingly available to fill the time. Then, when doing those things, real work happens. For example, a few weeks ago, I attempted to arrange a client meeting in Miami. Nothing happened, the scheduling just didn’t come together and it […]

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I don’t know if my perception is accurate, but it sure seems like not much happens when David and I are sitting around the office, wondering when our next case will come in. We have countless examples of “the law of perpetual motion” in our business lives, from the time, early in our owning Magnus, […]

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Busy is Good!

Being busy is a good thing when you own your own business, law practice, etc. I find it interesting, though, that other people do not share my perspective. From time to time, when speaking with someone who doesn’t quite appreciate that busy is good, I try to understand why. When this happens, the person to […]

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Busy is good. In fact, being busy is great! As the co-owner of a business, I am keenly aware that the only way we can survive, in the long term, is by being busy more often than not having work to do. Of course, as in most businesses, our work volume ebbs and flows, often […]

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Why football is not part of my existence

Recent conversations with a few childhood friends led me to reflect on the reasons why I am not a football fan. As with many things in our lives, experience, familiarity, and habits are often formed early and they remain with us as we age. I grew up in a family in which baseball was king. […]

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I think there are reasons to be a football fan, a baseball fan, a NASCAR fan, or a rock and roll fan that go beyond having to work. I’m sure there are people studying theories of “fanness,” including those of medieval sporting events, of cheering the knight carrying the colored banner of “your” side. Or, […]

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Checking the Price Tag

A Point of View

David H. Fauss, M.S.M.

On June 28, 2018

Category: Jury Behavior, Jury Deliberations, Litigation Research, Magnus Insights, Magnus Research, Psychology, Trial Consultants, Trial Consulting

The old adage “if you have to ask the price, you can’t afford it” doesn’t apply to litigation. In part, this is because, especially in the context of civil litigation, affordability is not decided by the buyer. Buyers (insurance claims adjusters, for example) usually operate as if there is no price tag to check. We […]

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Most people are interested in knowing the price of something before they buy it. Typically, when the cost of an item is substantial, for example, the cost of a house, the buyer is keenly interested in knowing the factors that are important determinants of the cost, such as neighborhood, comparable sales, re-sale potential, etc. Litigation, […]

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