Archive | Litigation Tips

Not Everyone in Purple Thinks the Same Way

A Point of View

David H. Fauss, M.S.M.

On August 25, 2022

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

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 […]

Another View

Melissa Pigott, Ph.D.

On August 25, 2022

I know several people who adore the color purple (I am not among them). It is rare, however, to see 2 male senior citizens wearing purple clothing in the same room. In fact, the mock jury David is referring to is the only time I have ever seen 2 men of any age wearing purple […]

Probing Questions and Difficult Answers

A Point of View

Melissa Pigott, Ph.D.

On August 23, 2022

Category: Business personalities, Entrepreneurship, Getting the Job Done, Getting Through Life and Work, Jury Consultants, Jury Research, Life Outside of Work, Litigation Consultants, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Mental Health, Psychology, Small Business Success, Trial Consultants

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 […]

Another View

David H. Fauss, M.S.M.

On August 23, 2022

I loved hearing the story Melissa related about the young medical student shortly after her check up. It was a classic example of how Melissa’s interactions with the world are sometimes more than what people bargained for on any given day. I hope that, not only did this make a lasting impression on this future […]

What’s the Rush?

A Point of View

David H. Fauss, M.S.M.

On August 4, 2022

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

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 […]

Another View

Melissa Pigott, Ph.D.

On August 4, 2022

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 […]

Shortcuts

A Point of View

David H. Fauss, M.S.M.

On July 7, 2022

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

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 […]

Another View

Melissa Pigott, Ph.D.

On July 7, 2022

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 […]

The Problem With This Case is the Client.

A Point of View

David H. Fauss, M.S.M.

On May 26, 2022

Category: Business Frustrations, Business personalities, Business Relationships, Getting the Job Done, Jury Consultants, Jury Research, Litigation Consultants, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Trial Consultants, Trial Consulting

An attorney client of ours recently told Melissa that his client is a problem. He said, “the problem with this case is my client.” He was pretty direct, but we’ve heard this, or some variation thereof, countless times. In this case, the client is wealthy (and accustomed to getting his way as a result). He’s […]

Another View

Melissa Pigott, Ph.D.

On May 26, 2022

I often wonder if “problem clients” know their attorney considers them to be a problem. Or, are they demanding, arrogant, and self centered to the point they have no idea of the impact they have on other people? Many times, the end client (defined as one of the primary parties in the lawsuit, that is, […]

Commercial Litigation: Benefits of a Trial Consultant, Part 3

A Point of View

David H. Fauss, M.S.M.

On May 12, 2022

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

In the 3rd post in the commercial litigation series, I want to bring some points together. We’ve discussed that executives are accustomed to being in charge, to being the “boss,” and that as litigants, it is often frustrating for them not to be. Also discussed is the fact their perspective may not align with decision […]

Another View

Melissa Pigott, Ph.D.

On May 12, 2022

When executives make important business decisions, they must have all available data in order to make the correct decision. When making the correct decision has an impact on the company’s bottom line, it is imperative to assess every nuance that could impact the company’s future. In the world of litigation, the bottom line of a […]

Commercial Litigation: Benefits of a Trial Consultant, Part 2

A Point of View

David H. Fauss, M.S.M.

On May 5, 2022

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

This is part 2 of the benefits of a jury or trial consultant in commercial litigation. As noted in the prior post, in commercial litigation, high powered people are often involved. We have been involved in many cases in which these parties were “out for blood.” Even though the cases were “only about money,” the […]

Another View

Melissa Pigott, Ph.D.

On May 5, 2022

Magnus has worked on numerous commercial cases in which things between or among the parties became personal. Some people wrongly believe that, because commercial cases are mostly about money (as opposed to compensating someone for an injury), they are boring and impersonal. This belief is a misconception because, although commercial cases involve a plaintiff suing […]

Commercial Litigation: Benefits of a Trial Consultant, Part 1

A Point of View

David H. Fauss, M.S.M.

On April 28, 2022

I had a conversation with a friend/client recently. He previously hired us in a personal injury case, but now works in a firm that does mostly commercial litigation. The question arose about what we, at Magnus, do in commercial cases. I explained that a high percentage of our cases are commercial cases. Sometimes, clients or […]

Another View

Melissa Pigott, Ph.D.

On April 28, 2022

I have worked with many witnesses during my career. As with many things in life, my first experience is memorable. The case was a high profile case in my hometown and the key witness was the owner of a well known and well respected corporation. Both the corporation and its owner were defendants in the […]

False Positives

A Point of View

David H. Fauss, M.S.M.

On April 7, 2022

Category: Business Frustrations, Jury Consultants, Jury Deliberations, Jury Research, Litigation Consultants, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Trial Consultants, Trial Consulting

False positives are research or test results that are inaccurate and make one think the result is positive, when in fact, it is negative. With a medical test, for example, it could mean a blood test result indicates a problem when there isn’t one. There are, of course, false negatives, but I think in the […]

Another View

Melissa Pigott, Ph.D.

On April 7, 2022

In my world of science and statistics, a false positive result is called a Type I error, leading to a rejection of the null hypothesis. For example, if the null hypothesis is that, absent changing one’s theory of a case, the case will be won, then improper research is conducted, leading the case to be […]

Calculated Risk

A Point of View

David H. Fauss, M.S.M.

On February 3, 2022

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

For a number of years, Melissa spoke to law students at Stetson University at the invitation of the late Professor Mickey Smiley. Professor Smiley did his students a favor, which I hope they later appreciated, of inviting successful trial lawyers, and at least 1 trial consultant, (Melissa) to speak to his trial skills class to […]

Another View

Melissa Pigott, Ph.D.

On February 3, 2022

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

Professor McKinley, “Mickey,” Smiley was a beloved law professor at Stetson University. He passed away in 2016, following a lengthy tenure at Stetson. Beginning in 1997 and continuing until Professor Smiley’s retirement in 2005, I had the honor of being an Adjunct Professor in the College of Law, where I lectured to students in his […]

1 2 … 17 Next →

Archive | Litigation Tips

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.

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.

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.

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.

About Magnus