Archive | Litigation Tips

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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Do You Still Need to Practice?

Recently, I remarked to my bass guitar teacher, Phill Fest, that many of my friends question my need to take bass lessons, due to the fact I have been playing the bass guitar for over 20 years. (This was the subject of a previous post, in which I mentioned that, although I have been playing […]

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I took piano lessons as a child, but fishing seemed much more fun than piano, so I didn’t play piano long!  But, call it what you want, practice, playing, fishing, getting better, and staying strong at anything takes time and effort.  I’ve written about Dr. Fran Kinne before. She started playing piano at age 3 […]

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The Major League

My family is a baseball family. My dad, the late Park T. Pigott, Sr. played baseball, coached baseball, and generally speaking, lived much of his life for baseball. I am not usually fond of sports analogies, however, recent experiences with clients of Magnus Research Consultants have reminded me of baseball. Almost all of Magnus’ clients […]

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This minor leaguer experience was one of the strangest situations we have had in years.  We had been, to keep up with the baseball analogy, “scouted” by the end client (that is the entity/person paying our bill).  Our ability to work with the lawyer was limited until that scouting was completed.  Admittedly, this process was […]

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Heuristical thinking

Biases and heuristics often, but not always, go hand in hand. While bias is attributed to the absence of reflective thought, leading to limitations in judgment, heuristics are used intentionally when making inferences. Heuristics are common sense reasoning strategies employed by laypersons. They are “shortcuts” that accelerate the decision making process. Heuristics may or may […]

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Magnus’ reports often contain a section entitled “Heuristics” and, when I’m showing our sample report to prospective clients, I usually have to explain what a heuristic is and why it is important.  I typically explain that heuristics are the ways that the jurors relate to a case – in their own language.  Whether it is […]

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Social desirability

Social desirability has important implications in jury selection. Social desirability refers to the phenomenon of saying or doing something because “everybody else” does. For example, when an attorney or a judge asks a prospective juror whether he/she can put aside all biases, predisposed beliefs, and personal feelings and instead, be an impartial judge of the […]

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Answering a question in a socially desirable way implies there is a “right” or expected answer, to some degree.  In the basic courtroom questioning of prospective jurors as to whether they “can be fair,” it is pretty obvious that one is not expected to say “no”.  Being fair is a fundamental trait that most people […]

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Sorting out responses and non responses

A few months ago, Melissa and I were talking with one of our favorite clients, Buddy Schulz, when he commented that Melissa’s job during jury selection involved sorting out responses, and non responses, of potential jurors. He was noting that it is one thing to evaluate what someone says during jury selection (or perhaps with […]

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Jury selection involves, at least for me, interpreting and de-coding the things people say and do and the things they don’t say or do.  In fact, I spend just as much time observing the nuances of people’s behavior as I do in listening to the words they say.  When a potential juror is being questioned […]

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No One Has Ever Said They Wish Their Jury Research Had Been Later

In almost 30 years of owning and operating Magnus Research Consultants, David and I have been fortunate to have few complaints from clients. When there have been complaints, they have been of the following type: (1) “Your report is too long and comprehensive; it took too long for me to read”; (2) ”The charts summarizing […]

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This topic is salient because I had the discussion again recently, “What is your lead time for conducting research? My client wants to put it off as long as possible, because maybe they can settle…”  I patiently explained that the ramp up period, once we’ve provided a proposal, agreed on the research design, gotten approval […]

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PowerPoint Exhibits: Good-Bad-Ugly

I had an interesting conversation today with a client who was preparing a PowerPoint presentation for an upcoming mock trial. As we discussed his plan, he mentioned that he was planning to use 20 slides for a 10 minute presentation. I tactfully suggested that 1 slide every 30 seconds is too many. This led to […]

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Death by Powerpoint.  That’s what I call the majority of Powerpoint and other, similar, electronic presentations.  I have witnessed countless attorneys “kill” their audience with electronic presentations that contain words, then more words, then even more words.  These well meaning attorneys, in their quest to educate the jury about their case, put everything they can […]

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Putting Technology to Use

I was prompted to write this, and the prior post, because of Magnus’ recent move. The move necessitated discarding many tools which have been useful during our careers in trial consulting. When we started Magnus in late 1993, Melissa began to receive invitations to speak to groups of lawyers, insurance adjusters, and law school students. […]

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Thanks, in large part, to David, Magnus has always been ahead of the curve when it comes to using the most up to date technology.  I have been making presentations to large audiences for my entire career.  In the old days, when I was Director of Marketing Research at a large urban hospital, an A/V […]

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Show Don’t Tell

Trial exhibits are a big part of all properly conducted litigation. Most lawyers learned long ago that showing, and not just telling, is important. Some lawyers are more effective than others with this but most of them seem not to think visually. Once again, it’s Rush to the rescue. The first track on their 1989 […]

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Remember when we, as children, were subjected to “show and tell” by well meaning teachers?  I had little use for these trivial displays, finding most of my classmates’ showing and telling dreadfully boring.  However, this being said, the “show and tell” experiences from many people’s childhood illustrates the fundamental concept that a visual representation of […]

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