Archive | Litigation Tips

Litigation Management Success Tips

I am a bit behind in my reading and I just finished a September 2020 CLM Magazine article by James McKeown entitled Rules of the Road: Five Tips for Successful Claims and Litigation Management. Mr. McKeown wrote this article aimed at claims professionals and the attorneys involved in the defense of claims. His 5 tips […]

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Magnus’ original slogan was “Reducing the uncertainty of litigation.”  There are numerous uncertainties in the world of litigation, however, an astute law professor, the late McKinley Smiley, advised us to change our slogan because many attorneys are not uncertain about anything.  They may be wrong, but they are certain.  This also applies to insurance adjusters, […]

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Fighters or Settlers

We’ve written previously about how some lawyers seem to be more willing to go the distance, that is, take a case to trial, than others. In some discussions, this becomes a comparison of trial lawyers, who are ready for trial, and litigators, who work up cases, but seem to avoid starting a trial at all […]

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David has chosen to write about one of my favorite topics, which prompts me to mention one of my favorite clients.  I agree with the premise that some attorneys are fighters, who are willing to go to trial and “battle” for their clients’ rights, while others are fearful of going to the courthouse, instead, settling […]

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Psychologists and Lawyers See the World Differently

As I have stated in previous posts, I have had an interesting career, primarily because I have spent almost all of my professional life working with attorneys instead of with colleagues. Furthermore, my definition of “colleague” is narrow, in that I consider only other social psychologists as colleagues. The field of psychology is large, with […]

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What a perfect day to write this post.  Melissa just had a call with a client who is heading to trial soon.  When it was over she couldn’t wait to let me know about one aspect of the call, which was the lawyer insisting on wrongly defining a social psychological concept.  As readers of these […]

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Jury is Greater than the Sum of Individual Juror Parts

Social psychology is the scientific study of how people behave in groups. There are many areas of research within social psychology, however, they share a common focus on how individual and group interactions are shaped by one’s external environment, specifically, other people. Numerous research findings have demonstrated the impact of the group on individual performance, […]

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Groups are found in many environments.  Work teams, church or other volunteer groups, are the norm in our world.  But, nowhere other than juries are group efforts and group decisions more important in our society.  Juries, especially those which require unanimous verdicts, work hard to achieve their goal.  The study of juries as groups by […]

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Social Psych = Groups = Juries

Over the years, many people have asked me what makes me qualified to work as a jury/trial consultant. I explain that I have a Ph.D. in social psychology, which is the scientific study of how people’s thoughts, feelings, and behaviors are influenced by other people and situations. Social thinking, social influence, and social behavior are […]

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I have certainly learned a lot about social psychology, by osmosis and directly from Melissa, as well as in a graduate course, taken before I had any intent of working in the trial consulting world, that helped me more than I knew it would.  It is interesting to explain the principles of psychological science to […]

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Almost Like Cheating

I keep a list of things clients have said during or after working with us on mock jury research. These tidbits illustrate the eye opening reactions some attorneys have when observing jurors deliberate. One of my favorites was from (now retired) Pete Burkert in Fort Myers, FL. After a series of mock juries, he said, […]

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Pete Burkert’s quote is memorable, even after many years have passed.  Until his and his partner, Kim Hart’s, retirement, Magnus enjoyed decades of working with these 2 extremely fine attorneys.  Mr. Hart had worked with us several times before we worked with his law partner, Mr. Burkert, and Kim called to tell me what Pete […]

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Premature Decisions

Several recent client/case events prompted this post. My biased view of litigation is that it is best done when as much input (a.k.a. data) is considered. This includes data from various experts, but also data from mock juries used to evaluate the risks of litigation. The first example is with a case that settled prior […]

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I prefer things to be done in an orderly, not a chaotic, manner.  When I make a decision about whether or not a particular person will be a “good” juror for a client’s case, I don’t merely look at the person and say, “Yeah, that one looks pretty good to me.”  Instead, my decisions regarding […]

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Not Everyone in Purple Thinks the Same Way

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 […]

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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 […]

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Probing Questions and Difficult Answers

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 […]

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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 […]

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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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