Archive | Magnus Insights

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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How much risk can you take off the table?

A recent lunch with a client involved an interesting discussion of how to convince “end” clients to spend money on mock jury research. For those who don’t know, in some cases, the lawyers advance the expenses, including expenses for things such as mock trials, and in others, they expect the actual client, the “end client,” […]

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In the early days of Magnus, our slogan used to be “reducing uncertainty.” We soon learned this was an ineffective slogan in that most attorneys don’t appear to be uncertain about anything. They may be wrong, quite wrong, but they are certain nonetheless! The idea of reducing risk is, perhaps, a better way to frame […]

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10,000 Hours

There is considerable research on what level of effort is required to perform at “master” or “expert” level at a variety of skills. Malcolm Gladwell expounded on this concept in his 2008 book, Outliers. Much of the focus of this research has revolved around becoming expert at a skill like chess or mastering a musical […]

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I don’t know how many hours it takes to gain expertise on something, but I do know expertise cannot be achieved without effort and experience. The characterization of an attorney as a “trial lawyer” is, in my opinion, misplaced unless the attorney has considerable courtroom experience. These days, many attorneys who call themselves “trial lawyers” […]

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Do the Right Thing

Do the right thing. It seems both easy and obvious, but it has been my experience that doing the right thing is, for many people, neither easy nor obvious. David and I have recently experienced the passing of several people we know. One person was a dear friend for many years; one was the step-father […]

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I find it surprising that doing the right thing doesn’t come naturally to everyone. This surprise makes me realize that my parents taught some fundamental concepts to my brothers and me which transcend many situations. The right things Melissa described just seemed “necessary” to us – we did them knowing that the thing we did […]

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Confirmation Bias, Part 2

In thinking about my prior post on confirmation bias, I thought about one aspect of being hired as a professional trial consultant. It happens that I recently saw an announcement of a bar association seminar on do it yourself (DIY) mock trials. I know that mock trials are often expensive when conducted by a qualified […]

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I’ll begin my part of this topic by saying that, if social psychologists, who study confirmatory bias and are, therefore, presumed to be experts on it, are subject to confirmation bias in their decision making, then almost anyone can engage in this type of biased information processing. Attorneys may be more educated and more intelligent […]

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