Archive | Litigation Tips

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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What is Old is New Again

A Point of View

David H. Fauss, M.S.M.

On December 23, 2021

Category: Jury Consultants, Jury Research, Litigation Consultants, Litigation Research, Litigation Tips, Magnus, Magnus Research, Trial Consultants

A client recently told me about a continuing legal education program he attended and the new information contained in the seminar. He kindly shared the information on the use of visual evidence and my reaction was, despite his enthusiasm for this “new” information, it isn’t new. What struck me is how often, in the more […]

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Another View

Melissa Pigott, Ph.D.

On December 23, 2021

Category: Jury Consultants, Jury Research, Litigation Consultants, Litigation Research, Litigation Tips, Magnus, Magnus Research, Trial Consultants

I do not expect attorneys and other non psychologists to be informed about psychological phenomenon.  Just as I, a psychologist, am not up to date about the latest advances in astrophysics, it comes as no surprise that most people are relatively ignorant about psychology.  Our well meaning client shared with David the latest drivel about […]

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What’s Your Alibi?

A Point of View

David H. Fauss, M.S.M.

On December 16, 2021

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

Do you have an alibi? Do you need an alibi? We’ve all seen it on TV. If you are innocent, you have an alibi. If you don’t have an alibi, you are suspect #1. What were you doing on the evening in question? Do you remember? Probably not. In life one goes from hour to […]

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Another View

Melissa Pigott, Ph.D.

On December 16, 2021

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

I am thrilled that David not only read an article from one of the psychology publications to which I subscribe, but enjoyed it to the point it inspired this post!  It’s wonderful to me to share psychology with someone who appreciates the unique perspective it offers!  As for alibis, the media have done another disservice […]

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Everyone you meet knows something you don’t know

“Everyone you meet knows something you don’t know.” This was the text of Facebook post I saw recently. And, my first thought was, of course they do, they know their name, address, hometown and many other personal details. But, as I thought about it, I realized how true this is on many levels. Everyone has […]

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David’s writing reminds me of the childhood taunt, “I know something you don’t know.”  It’s true; I do know something, many things, you don’t know.  It is equally true that you know something I don’t know.  It isn’t possible for any of us to know everything about everything.  Meeting someone in one’s field of study […]

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Things Back to Normal! Water Fountains, Crowded Elevators, Smiling Faces

Hooray! Hooray! I had the privilege of selecting 2 juries, for 2 different clients, in 2 different courthouses, recently. Usually, this would be nothing to write about, however, these jury selections were noteworthy due to the fact that they were the first, and second, jury selections for me since the world shut down in March […]

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As the one who watches the business side of our business, it is great for Melissa to be back in the courthouse again.  Non functioning courts have been terrible for our business as clients have had little perceived need or motivation to hire a trial consultant if there can be no trials.  So, having trials […]

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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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Brave New World

Recent conversations with several attorneys prompted this post. The title many will recognize is from a 1931 book by English author Aldous Huxley, and I have to say, I’ve never read it. But, here we are in the 3rd quarter of 2021 and I have to say that, due to the COVID-19 pandemic, and other […]

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As David and I have written before, there are some people (like us) who thrive on change and there are others who prefer the status quo and/or wish things were “like they used to be.”  The latter types of people are, for the most part, boring to me.  Change is part of human existence and, […]

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All the World’s a Stage

All the world’s a stage, And all the men and women merely players… (William Shakespeare, As You Like It). All the world’s indeed a stage and we are merely playersPerformers and portrayers, Each another’s audience outside the gilded cage (Neil Peart, RUSH, Limelight). I know the origin of this thought was the Bard, but it […]

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David ended his part of this post by saying, “Let the show begin,” which reminds me of a song written by Rolf Kempf, sung by Judy Collins, then popularized in 1973 by one of my all time favorite bands, Alice Cooper.  The song is “Hello Hooray” and it begins with the lyrics “Hello.  Hooray.  Let […]

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Now I get it…

I’ve noticed a phenomenon when working with clients who have never utilized a trial consultant. The only thing I can think of as a way to describe this is “Now I get it…” Attorneys/clients do not always hire us because they want to. There are times they are “encouraged to,” told to, or forced to […]

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Some people find it difficult to understand things unless they have directly experienced them.  One might say these people lack imagination or perhaps, foresight, however, when it comes to understanding the services provided by trial consultants, it is often hard for the average attorney to comprehend how we do what we do.  Some of Magnus’ […]

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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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