Archive | Trial Consultants

Old School

In many ways, I, and people like me, are considered “old school” or “retro.” Someone recently complimented me on an Alice Cooper t-shirt I was wearing, saying he really liked its “old school” look. I still use expressions from “back in the day,” such as groovy, psychedelic, cool (instead of hot, meant to describe something […]

Continue Reading

I don’t know when a part of one’s life, bell bottom pants for example, take hold as the norm such that later they become old school.  And, while Melissa is more retro that I am in terms of fashion, etc., she’s newer school in keeping up with modern rock music than am I.  She does […]

Continue Reading

Shortcuts

I recently read a newspaper article in a business/legal publication that prompted this post. The premise of the article was that women are more likely to be plaintiff prone on juries than men. Prominent and successful lawyers espoused their preference for having women on juries. A jury consultant (of whom I’ve never heard) reported research […]

Continue Reading

Some things change and some things remain the same.  Over the years of my career as a trial consultant, there have been several constant factors, including many attorneys’ search for “a magic bullet,” “an easy way out,” or as David says, “a shortcut.”  Instead of spending some time learning about how people make decisions, why […]

Continue Reading

Lessons Learned the Hard Way

I make mistakes, a lot of them. A few minutes ago, David pointed out my most recent mistake, for which I apologized. I almost always take responsibility for my mistakes and I try to correct them when it is possible to do so. Fortunately, none of my mistakes have resulted in seriously negative outcomes for […]

Continue Reading

Some of the lessons learned at the top of my list are not really mistake driven, but lessons learned due to many of the unique aspects of doing trial consulting work, including working with highly successful, demanding clients (attorneys) on difficult and complex cases.  And, further, while we are not doing “rocket science,” there are […]

Continue Reading

Run of the House

I booked a hotel room recently and, while navigating the rates, I came across one that said “run of house.” I know this means “you get what we’ve got left.” It is doubtful that this would ever be an exciting upgrade, but maybe. In my experience, upgrades rarely happen even when I’m paying higher rates. […]

Continue Reading

The expression, “run of the house” does not have a positive connotation for me.  I prefer to know what I am getting and even more than that, I prefer to know I am getting the best I can possibly get.  I dislike most surprises because many people are not as discerning as me, therefore, what […]

Continue Reading

Don’t Sweat the Small Stuff

“Don’t Sweat the Small Stuff” is a phrase used to suggest one should relax, chill out, and not worry about the little things, things which sometime seem out of one’s control. Well, that’s great. But, our “day job” as trial consultants doesn’t allow it. Neither does my prior advocation, photography. For example, when photographing people […]

Continue Reading

This topic, “Don’t Sweat the Small Stuff,” came up recently during a slightly heated debate David and I were having about the proper way to prepare something we were having for dinner.  (As the reader might imagine, David and I have many debates, some over trivial matters, on an almost daily basis.)  I don’t recall […]

Continue Reading

Are They Paying Attention?

My post about whether the mock jurors take it seriously reminded me of another aspect of this client related surprise. Watching a group of people, mock jurors, listen to the case arguments in a mock trial can sometimes be misleading. Some mock jurors are clearly engaged, others have their eyes closed, others are frantically taking […]

Continue Reading

Similar to some attorneys’ concern about whether the mock jurors take their participation seriously is their concern about whether the mock jurors are paying attention.  And, just as it pertains to the issue of the mock jurors taking the case, and their participation, seriously, I have found that most of them pay attention. There is […]

Continue Reading

If You Won’t Practice, Don’t Bother Learning

As I mentioned in my previous post, “practice makes perfect,” my childhood piano teacher, Corella Johnson, insisted that all her piano and organ students practice their instrument(s) at least 30 minutes a day. The first thing she did at every lesson was ask her students to play the piece of music they were learning, so […]

Continue Reading

Childhood music lessons didn’t work well for me.  I tried guitar and piano but found I’d much rather go fishing or tromp through the woods than hone those skills.  Perhaps it was also because my early music lessons focused too much on fundamentals, rather than playing a song, these music experiences were not attractive to […]

Continue Reading

Do They Always Take it Seriously?

A client, who had never observed a Magnus mock trial, asked the question which is the title of this post during a recent mock trial. The “they” is the mock jurors. The “it” is the case. The answer is YES! The rest of the story is that, despite the mock jurors knowing they are only […]

Continue Reading

It is difficult for new clients to understand the seriousness with which most of Magnus’ mock jurors conduct themselves during mock jury research.  Everyone who attends a mock jury, of course, knows they are part of a research exercise, thus, the word “mock” precedes the word “jury.”  Not only do the attorneys recognize we are […]

Continue Reading

Practice Makes Perfect

Practice makes perfect. How many times have we heard this phrase? I have heard it too many times to count! I started playing the piano when I was 6 years old. I started playing the organ when I was 11. My piano and organ teacher was a wonderful friend and neighbor, Corella Johnson, who had […]

Continue Reading

I can attest to Melissa’s commitment to practice.  She takes it seriously and is religious about it, as long as her “day job” doesn’t interfere.  But practice gets a bad rap, that is a bad name.  Melissa’s practice time is often better characterized as “playing” as in “playing the bass.”  Practice seems repetitive and punitive.  […]

Continue Reading

The Problem With This Case is the Client.

An attorney client of ours recently told Melissa that his client is a problem. He said, “the problem with this case is my client.” He was pretty direct, but we’ve heard this, or some variation thereof, countless times. In this case, the client is wealthy (and accustomed to getting his way as a result). He’s […]

Continue Reading

I often wonder if  “problem clients” know their attorney considers them to be a problem.  Or, are they demanding, arrogant, and self centered to the point they have no idea of the impact they have on other people?  Many times, the end client (defined as one of the primary parties in the lawsuit, that is, […]

Continue Reading

Powered by WordPress. Designed by WooThemes