Archive | Litigation Tips

Is your consultant qualified? How do you know?

A Point of View

David H. Fauss, M.S.M.

On November 15, 2018

Category: Business Frustrations, Careers, Jury Research, Litigation Consultants, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Small Business Success, Trial Consultants

A story in the news this election season reminded me of the relevance of this topic. A candidate for the Florida House of Representatives was “outed” for reporting she had a college degree that she could not have had – the university she reported having attended never offered the degree shown on her (fake) diploma, […]

Another View

Melissa Pigott, Ph.D.

On November 15, 2018

I have decided to adopt the writing style of the famous author, Carl Hiaassen, for my part of David’s post. For those readers of our blogs who aren’t familiar with Carl Hiaassen, I will provide a brief introduction. Carl Hiaassen is an author who has written more than 20 books, as well as a long […]

I don’t know what you do – don’t assume you know what I do

A Point of View

David H. Fauss, M.S.M.

On November 8, 2018

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

A frustration I’ve had over the years is when an attorney, a claims adjuster, a paralegal, or even a vendor of ours acts as though he/she knows how to do my job, our job. I’ll never forget the story Melissa, and others on our consulting team, told me of a case for which I was […]

Another View

Melissa Pigott, Ph.D.

On November 8, 2018

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

I have never understood why someone who “knows it all” bothers to retain my services, thereby paying for my expertise. After all, if one truly knows everything there is to know, what could be the benefit derived from paying someone to find out something already known? Wouldn’t it be better to merely bask in one’s […]

When will you arrive and when will you leave

A Point of View

Melissa Pigott, Ph.D.

On October 30, 2018

Category: Business Frustrations, Careers, Common Courtesy, Getting the Job Done, Getting Through Life and Work, Life Outside of Work, Litigation Consultants, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research

I am a busy person. I live “life in the fast lane.” Or, as the late, great, B B King famously said, “I’m pretty fast myself.” As a result of having too many things to do in too short a time, I am very time oriented. When someone is coming to visit me, I want […]

Another View

David H. Fauss, M.S.M.

On October 30, 2018

I think that, to those of us whose schedules stay pretty full, and who are planners in general, knowing important details seems normal to us. We always try to communicate details when visiting or staying with others so that they can plan as necessary. But, over the years, we’ve frequently experienced times when we expect […]

Getting the Most from Research – Digging In

A Point of View

David H. Fauss, M.S.M.

On October 25, 2018

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

A recent Wall Street Journal article (August 11-12, 2018) entitled “To Get the Most Out of Polls, Delve Deeper” prompted this post. Though this post was about political polls and pollsters, there were several points relevant to the world of trial consulting. One quote caught my attention, “…, remember that neither a candidate’s polling percentage […]

Another View

Melissa Pigott, Ph.D.

On October 25, 2018

I enjoy, immensely, working with attorneys on their cases. Most of the attorneys who retain Magnus are intelligent, sophisticated people who are hiring us because they know they are experts on the law, but they are not experts on human decision making. There is a small subset of our clients who do not seem to […]

When to break rules

A Point of View

Melissa Pigott, Ph.D.

On October 23, 2018

Category: Business Frustrations, Careers, Common Courtesy, Employment, Getting the Job Done, Getting Through Life and Work, Jury Consultants, Life Outside of Work, Litigation Tips, Magnus Insights, Magnus Research, Managing Employees, Psychology, Trial Consultants, Work-Life

I am not a “Goody Two Shoes” by any means, however, I usually play by the rules, regardless of the situation. I would never, ever, park in a disabled parking space unless I am transporting a disabled passenger, I do not try to outrun trains at a railroad crossing, and I clap my hands along […]

Another View

David H. Fauss, M.S.M.

On October 23, 2018

It is probably because of my schooling from 6th to 12th grades which, while not Catholic school, was very strict. Lots of rules, and at some point I started asking “why?”. I did not ask “why” to be obstinate. Rather, when things seemed arbitrary, it seemed like a fair question. Some things were clearly safety […]

Get it Right – The First Time & Every Time

A Point of View

David H. Fauss, M.S.M.

On October 18, 2018

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

Not too long ago, I attended a lawyers’ luncheon at which the speaker was the president of the Florida Bar. He made a few comments about various challenges lawyers face with their clients, specifically, the expectation by the client that they essentially have all of the answers so that they get it right the first […]

Another View

Melissa Pigott, Ph.D.

On October 18, 2018

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

Attorneys do not usually have advanced degrees in psychology or social science. As such, many attorneys do not have a full understanding of the scientific method, scientific research techniques (including proper sampling of research participants), human decision making, group dynamics, etc. That is why, of course, attorneys routinely turn to Magnus (or one of its […]

Shaman Trial Consultant

A Point of View

David H. Fauss, M.S.M.

On October 11, 2018

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

I’ve been on a bit of a “tear” lately about caveat emptor. Hiring a trial consultant requires due diligence because, unfortunately, it doesn’t take much to hold oneself out as a trial consultant. A lawyer, a physician, a plumber, an electrician or a hairstylist has to be tested and licensed. We don’t. While there has […]

Another View

Melissa Pigott, Ph.D.

On October 11, 2018

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

Just for the fun of it, I verified that a Doctor of Philosophy, abbreviated Ph. D., is the highest academic degree awarded by any university. That’s right, dear reader, the highest degree. Whatever other degrees anyone may have, it is not possible to have a degree higher than a Ph. D. Please excuse me for […]

RESPECT, addenda

A Point of View

David H. Fauss, M.S.M.

On October 4, 2018

Category: Business Frustrations, Business Relationships, Careers, Common Courtesy, Employment, Getting the Job Done, Getting Through Life and Work, Jury Consultants, Jury Research, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Small Business Success, Trial Consultants, Trial Consulting

We recently posted about RESPECT and used a couple of examples of how we were shown disrespect by our clients – “dissed” may be the current term for this. A friend (thanks Al) pointed out that the post might backfire if potential clients of ours were to think we’d post something negative about working with […]

Another View

Melissa Pigott, Ph.D.

On October 4, 2018

Many thanks to my dear friend, Al Weigand, for pointing out that there are sometimes multiple interpretations, including some that are unintended, of things we write. Al is a thoughtful, deliberative person who, upon reading the post about RESPECT, cautioned me that it could be interpreted by potential clients of Magnus as having the intent […]

When losing is winning. Part 2.

A Point of View

David H. Fauss, M.S.M.

On September 27, 2018

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

Following on “When losing is winning. Part 1,” I’m writing now about another phenomenon that has been covered a bit in other posts. That is, defining winning. On the defense side of civil and criminal cases, some of them are, technically speaking, losers. That is, an outright defense verdict is unlikely no matter what – […]

Another View

Melissa Pigott, Ph.D.

On September 27, 2018

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

As David says, losing one’s lawsuit is relative. Sometimes, a loss is obvious, such as the time we worked for a client who lost a billion dollar case, had it overturned on appeal due to a legal technicality, then retained Magnus prior to the second trial. This client followed all of my recommendations (although, often, […]

When losing is winning. Part 1.

A Point of View

David H. Fauss, M.S.M.

On September 20, 2018

Everyone wants to win, right? This post is being written to say winning isn’t everything. At least not in a mock trial. Regardless of whether it is a mock jury, mock arbitration, mock bench trial, or whatever, the process is not about winning. It is about debugging the case. It is about finding the problems […]

Another View

Melissa Pigott, Ph.D.

On September 20, 2018

The purpose of mock trials is not to “win,” rather, the purpose of conducting any type of litigation research is to assess the strengths and weaknesses of a case. In the decades I have been conducting pre-trial, pre-mediation, and pre-arbitration research for attorneys, I have worked with numerous clients who “get it,” and who truly […]

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Archive | Litigation Tips

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

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

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.

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