Archive | Trial Consultants

COVID-19 By the Numbers: Part 3 – Questions

The preceding posts on Fear and Hope related to COVID-19 numbers led me to this post. The numbers we are being given should raise questions. Clearly, we are not being given full information and that worsens the tremendous uncertainty of this pandemic. Following are some questions that I have. When did this virus really start? […]

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David has a lot of questions, none of which are easily answered.  I doubt we will ever know the answers to many of the questions on everyone’s minds, for example, the date on which the COVID-19 virus was first discovered.  I have read countless articles about its origin, including that COVID-19 was discovered 15 years […]

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COVID-19 By the Numbers: Part 2 – Hope

To have hope in dealing with COVID-19, one must have perspective. Perspective comes from knowing other numbers. For example, the flu kills 100 people a day in the U.S. (more or less, depending on source). Most people are unaware of the rate at which other diseases kill. Here is a sample (based on numbers from […]

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David has created some interesting charts designed to give the readers of this blog some hope for the future when we resume our lives.  Although I, like everyone else, hope we will return to “normal” soon, I believe normal will be different from what normal used to be, in the good old days before COVID-19 […]

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COVID-19 By the Numbers: Part 1 – Fear

As we are all experiencing the COVID-19 pandemic, we are bombarded with numbers. Working with data, i.e., numbers, is a way of life for Melissa and me. Because of that, I’ve been frustrated from day 1 that, while we are being given some numbers, we are not being given others. Further, some of the “numbers […]

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Interpreting statistical data is not for the faint hearted.  I should know; I have both taken and taught courses in statistics. I use statistics on a regular basis at work. (SPSS, anyone?)  For the most part, the average person cannot begin to understand statistics.  For many people, understanding mathematics is a challenge and, based on […]

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If the cake is bad, what good is the frosting?

David and I become inspired to write our blog posts in a variety of ways, including by sources that many people would not find particularly inspiring. As an example, this post was inspired by a fortune cookie that was included in a recent delivery from a local Chinese restaurant. Many so called fortunes found inside […]

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If the cake is bad, what good is the frosting?  I guess this is similar to the adage about not judging a book by its cover.  The book cover, or the frosting, can cover up what is worn or rotten inside.  Cutting the cake, looking under the hood, or beyond a glossy cover, reveals what […]

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We Can’t Make our Clients Do Anything

David and I recently attended a meeting with attorneys and their clients regarding a case for which they were considering retaining Magnus. The clients of the attorneys are a group of wealthy, sophisticated people who are accustomed to getting their way in all aspects of their lives. These individuals are from a variety of professional […]

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Many years ago, after we had completed a mock jury project for a first time client and he had resolved the case, I made a follow up call to him to ask his impressions.  He said everything was great, but he did have one complaint, he said, “You should have made me do this sooner.” […]

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It’s all guesswork…

I was recently discussing with a client Melissa’s involvement as a trial consultant during jury selection. The attorney was well seasoned, has had many trials, but has never engaged a trial consultant to assist during jury selection. And, like most attorneys these days, the opportunities to conduct jury selection, and go to trial, with everything […]

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I’m not sure which of Magnus’ uninformed/misinformed clients made this remark to David, but this remark is another reminder that seemingly intelligent, sophisticated people are sometimes not as intelligent or sophisticated as they would like other people to believe.  Guesswork?  Did this guy say guesswork?  There is nothing, absolutely nothing, involving guesswork in my jury […]

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Check SPAM for Treasure

I was recently reminded that email systems are far from infallible. I was purging email in my spam folder when I found an email from a prospective client asking for a proposal for mock jury research. The email was sent via OUR OWN WEBSITE through the “contact us” form. But, despite being sent from my […]

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Until this experience, I have never liked Spam.  When David and I have visited Hawai’i, we noticed the popularity of the canned meat type of Spam, which is prevalent in many restaurants.  But, the kind of Spam to which David refers is the computer variety that most computer users despise for its pesky intrusiveness.  Since […]

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Trial Team Crew

Once again, I was reminded about the people who support the lead trial attorney. The lead attorney and 2nd chair attorneys get the attention, like the rock star. Like Ozzy, Mick, or Geddy, who are lead singers, the lead attorneys are in the spotlight (or hot seat). But, behind them, there is often a small […]

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I have had the pleasure of working with attorneys and their trial teams for several decades.  It never ceases to amaze me that almost all of Magnus’ clients have a small army of professionals working with them on behalf of our mutual clients.  When I am involved in selecting a jury for a client, I […]

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Excuses versus Legitimate Reasons for Jury Duty Dismissal

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 […]

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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 […]

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Free Advice on Selecting a Jury

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 […]

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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 […]

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