Archive | Litigation Tips

Ghost Notes

A Point of View

David H. Fauss, M.S.M.

On September 17, 2020

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

I’ve been thinking recently about how one ever demonstrates that nothing happened because something did happen. Specifically, with regard to the protests over police shootings, police abuse, etc., how does one demonstrate that new policies make a difference? The difference is noticed only when nothing happens. Undoubtedly, most police officer shootings happen because the officer […]

Another View

Melissa Pigott, Ph.D.

On September 17, 2020

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

David’s reference to ghost notes is quite impressive! Ghost notes are important to me, as a bass player. They are place holders, serving to keep the rhythm while not making a discernable musical sound. On the thick strings of a bass guitar, ghost notes sound like a mini cymbal, leading the way to the playing […]

Hurricanes and Jury Selections

A Point of View

Melissa Pigott, Ph.D.

On August 25, 2020

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

Recently, residents of Florida were threatened by another hurricane. In Florida, hurricanes are as much a part of our existence as that famous mouse in Orlando. Sooner or later, we Floridians will have to stop what we are doing and prepare, whether we like it or not, whether we have something better to do, or […]

Another View

David H. Fauss, M.S.M.

On August 25, 2020

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

I’m writing this following another hurricane non-event. A near miss – really near, less than 100 miles. We did get some wind and rain, but we were ready. We spent a full day preparing, a “wasted” Saturday effort as it turns out, and a full day resetting everything, a “wasted” Sunday. I can only say […]

Nuclear Verdicts: Part 2

A Point of View

David H. Fauss, M.S.M.

On August 20, 2020

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

Face it, some trials are bad, there is liability, there are real damages. Evaluating those honestly and without bias is what we, as trial consultants, help our clients accomplish. And, that said, the other issue in mock jury research when we work for the defense is that the plaintiff’s argument, when presented during the mock […]

Another View

Melissa Pigott, Ph.D.

On August 20, 2020

Over the years, I have heard some interesting remarks from defense attorneys and insurance adjusters following their observations of mock juries deliberating on their case. One client, who is a defense attorney but who was, for reasons unknown to me, hired to represent numerous plaintiffs in a billion dollar class action case, told me that […]

Nuclear Verdicts: Part 1

A Point of View

David H. Fauss, M.S.M.

On August 13, 2020

Boom – the verdict is in and it is explosive, shocking everyone involved. These verdicts are referred to “nuclear verdicts,” with the implication that they are both large and unreasonable. I read about this phenomenon regularly. It is a trend that frightens one side of the “v.” – the defense side, and emboldens the other […]

Another View

Melissa Pigott, Ph.D.

On August 13, 2020

When David and I founded Magnus in 1993, we used a slogan in our marketing materials, “Reducing Uncertainty.” We know, based on our experience in conducting mock trials, focus groups, and attitude surveys, that our research results provide our clients with information about which they would have never known without our help. Knowing this information […]

Excuses versus Legitimate Reasons for Jury Duty Dismissal

A Point of View

Melissa Pigott, Ph.D.

On March 10, 2020

This is the third, and final, post about my recent experience with jury duty in Fort Lauderdale, Broward County, Florida. As readers of David’s and my blog know, I have spent much of my career as a jury/trial consultant assisting attorneys selecting hundreds of juries. In addition, I have conducted numerous scientific studies of jury […]

Another View

David H. Fauss, M.S.M.

On March 10, 2020

Not only have Melissa and I heard the question, “How do I get off of jury duty?” too many times to count, but Melissa hears the excuses on a regular basis. And, I’ve taken random calls, from strangers, asking how to “get off” jury duty on several occasions. Melissa reports to me that some judges […]

Free Advice on Selecting a Jury

A Point of View

Melissa Pigott, Ph.D.

On March 3, 2020

As a follow up to my previous post regarding my day of jury duty, this post will involve some free advice to attorneys. I rarely provide free advice, but my observations during my jury service warrant it. When the plaintiff’s attorney in the automobile accident case on which I was a prospective juror began to […]

Another View

David H. Fauss, M.S.M.

On March 3, 2020

Because I don’t do in court jury selection consultation, my critique of the attorneys I’ve observed is more limited. But, for the jury on which I was selected, I had a few observations. The primary one was the fact that the attorneys for the prosecution and the defendant – a public defender, did a POOR […]

A Jury Consultant’s View of Jury Duty

A Point of View

Melissa Pigott, Ph.D.

On February 25, 2020

I recently had the privilege of being summoned to appear for jury duty in Broward County, Florida, where I have lived for almost 30 years. Unlike almost everyone I know, I was not dismayed, afraid, or angry to receive my jury summons. I was, in fact, somewhat happy about it, as well as hopeful that, […]

Another View

David H. Fauss, M.S.M.

On February 25, 2020

I’m not certain, but I think I’ve been called for jury duty about 5 times since moving to Broward County in 1991. On two occasions, after arriving at a very early hour, and spending several hours in the jury assembly room enduring the tedious process, I was sent home without going to a courtroom. On […]

Neil Peart: Best of the Best

A Point of View

David H. Fauss, M.S.M.

On February 20, 2020

Category: Business personalities, Careers, Getting the Job Done, Jury Consultants, Life Outside of Work, Litigation Consultants, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Small Business Success, Trial Consulting, Work-Life

I’m writing this a week after the death of the rock and roll icon, drummer, lyricist, author, motorcyclist, and very private Neil Peart of RUSH. I’ve mentioned RUSH before in posts, and the fact that I’m a big fan, since about 1980. Neil’s impact on music is much more than his status as one of […]

Another View

Melissa Pigott, Ph.D.

On February 20, 2020

Because of David and his status as a die hard RUSH fan, I have been listening to RUSH music, at loud volumes, for over 30 years. In addition, due to a rather bizarre set of circumstances, David and I have had the pleasure of meeting, on several occasions, one of the members of the band. […]

2020

A Point of View

David H. Fauss, M.S.M.

On February 13, 2020

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

Well, here we are. It’s 2020. Lots of celebrations, talk about the new decade, and the roaring 20s. But, many of us think of it with the term “hindsight” attached, as in “hindsight is 20/20,” meaning that when looking backward, things that were once unclear become clear. Monday morning quarterbacking is related. If we see […]

Another View

Melissa Pigott, Ph.D.

On February 13, 2020

As we enter into a new year and a new decade, many people enjoy reminiscing about the past, while others eschew the past and focus their sights on the unknowns that will occur in future times. As business owners, David and I spend some time reflecting on our past successes and failures (and their have […]

Don’t Confuse Expenses with Investments

A Point of View

David H. Fauss, M.S.M.

On February 6, 2020

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

This post is prompted by a comment made by someone with whom we frequently work in our litigation consulting business. He remarked how he hoped clients would recognize the value of our work, and his work, and see it as an investment, not just another litigation expense or cost. As I explained to someone yesterday, […]

Another View

Melissa Pigott, Ph.D.

On February 6, 2020

The quote David mentions was made by Bob Howe, who is an investigator with whom I have had the pleasure of working during jury selection. A mutual client retained Bob for an upcoming case but was initially undecided about whether to retain me. It seems that, in today’s litigation world, the services of a private […]

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Archive | Litigation Tips

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