Archive | Magnus Insights

“What’s the next case going to be?”

Glass laminates, carpet glue, yacht paint, windshield wiper technology, medical negligence, accounting malpractice, legal malpractice, burns, brain damaged babies, dog bites, hurricane damage – to coffee, hurricane building damage, construction defects, government taking of land (eminent domain), murder, rape, cruise ship based crimes, cruise ship excursions gone wrong, toxic chemicals, environmental damage, celebrities accused of […]

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As the old saying goes, “been there, done that.” There are probably some types of lawsuits on which I have not consulted, but right now, I can’t think of one! A potential client asked me recently if I’d ever worked on: (1) a big case; (2) a professional malpractice case; or (3) a securities case. […]

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The Price of a Vacation

What is the cost of a vacation? I’m not referring to the cost of airplane tickets, the hotel, the cruise, the meals, activities, etc. I mean the less obvious costs. As I write this, I have just spent 2 days, well, maybe 1½, in a crunch time mode ensuring that all client work is under […]

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David wrote his part of this post before our fantastic vacation to the land of The Beatles, while I am writing my part after our return home. We had a wonderful vacation; it was the trip of a lifetime and a dream come true! Getting ready for it, as well as recovering from it, however, […]

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Faces of Jurors: “3 week trial” “Duty as Citizens” “As Pleasurable as Possible”

A Point of View

Melissa Pigott, Ph.D.

On September 10, 2019

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

In my 30 year career as a jury/trial consultant, I have assisted attorneys in the jury selection process in over 200 trials. (And, just to be clear, I really don’t want to hear about the 1 time you were on a jury. I really don’t.) All of the trials on which I have worked are […]

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Another View

David H. Fauss, M.S.M.

On September 10, 2019

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

I have not sat in the seat Melissa mentions looking into the faces of the jurors, but I have been one of those being questioned a few times. And, I’ve seen some faces made by those among the venire along the lines she described. (Some of the faces looking at the venire members were not […]

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The Game Warden’s Badge

An event I observed decades ago on a dove hunting field created a memory I will never forget. Opening day of dove season is a social event, the hunt, or shoot, occurs on a large field, 30, 40, or more acres; hunters with shotguns are spread around the field. There are social norms of politeness […]

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Jumping to conclusions is rarely a good thing to do. Sometimes, one may be right, however, other times, one may be wrong. David mentions authority figures who fail to consider all of the circumstances before wrongly accusing someone of something. We have all heard numerous examples of police officers who shoot first and ask questions […]

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Never Hired a Trial Consultant?

While we work with many repeat clients, once, all of our clients had a first time experience hiring a trial consultant. And, these first time experiences happen on regular basis. I’ve come to realize that things which are second nature to me are foreign to first time prospects and clients. In fact, it starts when […]

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David has developed numerous aids to help Magnus’ first time clients understand what will happen before the research day, on the research day, and after the research day. The fact that many attorneys do not understand that conducting surveys, focus groups, and mock trials is research means we have a long way to go to […]

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Rhythmically Challenged People

Rhythm. Some people have it and some people don’t. Johnny Cash sang, “Get Rhythm” as a cure for the blues, and, although I love Johnny Cash and this song, in particular, I don’t share his optimistic view about certain people’s ability to get rhythm. Fortunately for me, I have always had rhythm. I can keep […]

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“Timing is everything” takes on a new meaning when talking about keeping the beat. Because that is literally what it is about – timing. I can’t dance, but I’d like to think I can, or once could, keep the beat when I played in my high school’s band. And, I try hard not to be […]

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Purr more; Hiss less

Purr more; hiss less. This could be a good mantra for our lives. In other words, look for the good things in life instead of focusing on the bad things. Find solutions to problems instead of whining and complaining about them. When someone spills an entire glass of iced tea (after sweetening it with sticky […]

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It is sometimes difficult in today’s polarized world to remember to purr more. There are so many things to hiss about. But, as my now 102 year old friend Dr. Fran Kinne reminds me, be positive. Melissa and I have a purr reminder in the form of a Siamese cat named Rex. Pick him up, […]

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Sunk Costs

I recently had a conversation with a potential first time client who requested a proposal, a request I granted as always. I followed up with a call and the discussion quickly moved to the price. That’s not uncommon. But, what struck me in this conversation was that he stated that he, and his partners, had […]

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When attorneys, such as the one David has described, contact us about the possibility of retaining us, I believe they should understand there is a cost of doing business with us. (The old biker saying is applicable to many things in life, including working with a trial consultant: No one rides for free.) It astounds […]

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How serious are you about winning?

Continuing the discussion started in the post entitled How much risk can you take off the table?, the conversation took another turn when our client mentioned another question he asks certain clients, “How serious are you about winning?”. He usually works for sophisticated and/or wealthy clients on commercial cases – those without physical injuries. Many […]

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It amazes me that some clients are more interested in winning their cases than others, in that I believe winning one’s case should be a desirable goal for everyone who becomes involved in litigation. In fact, if I were an attorney who worked on high stakes civil litigation, I would consider asking all of my […]

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Watch What You Say – You Never Know Whose Feelings Will be Hurt

My first job upon earning my Ph. D. was Director of Marketing Research at a large hospital in Jacksonville, Florida. Soon after I began working, I met an influential staff member who escorted me throughout the entire campus, introducing me to all of the high level executives whom he believed would help me in this […]

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I would add to Melissa’s elevator concerns the adage of “lose lips sink ships.” Beyond healthcare with its HIPPA rules, there are many environments where confidentiality is a concern. And, not just for the risk of hurt feelings. In fact, this is an area we make special efforts to train employees when hiring. And, we […]

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