Archive | Trial Consultants

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 […]

Continue Reading

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 […]

Continue Reading

10 Years After

No, not the band 10 Years After. This is a post of about a pleasant surprise. Something that worked as hoped, as intended. I recently got a call from a client with whom we worked 10 years ago. She was not the primary client then; she represented one of several defendants in a large case. […]

Continue Reading

Having just finished typing a report for the client David mentions, I will say I’m glad our clients read, then save, our reports. It takes many days of deep thought and concentration for me to write reports for Magnus’ clients. And, due to the so called modernization and high tech nature of our work environment, […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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,” […]

Continue Reading

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 […]

Continue Reading

The Show Must Go On – Even With a Concussion

In the three decades I have been working as a jury/trial/litigation consultant, I have never missed attending a mock trial, focus group, or other research due to an injury or illness. Although I have been injured and sick (the latter, numerous times) on some research days, I have kept my health issues to myself. Instead […]

Continue Reading

Even though we’ve heard Atlanta Rhythm Section’s music for many years, listening to their songs still amazes when one listens to Paul Goddard’s bass lines. The show now goes on without him (sadly, he passed away in 2014), and I am sure he is a hard act for his successors to follow. The last time […]

Continue Reading

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 […]

Continue Reading

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” […]

Continue Reading

Gone Fishin’

A Point of View

David H. Fauss, M.S.M.

On July 18, 2019

Category: Entrepreneurship, Getting the Job Done, Magnus, Magnus Research, Marketing your Business, Small Business Success, Trial Consultants

I recently went fishing – but without a fishing pole. It was a marketing trip and somehow, the analogy of marketing and fishing clicked for me. There are many forms of marketing, including advertising; direct sales calls on the phone, via email, or in person; and, increasingly, via the internet or social media. As entrepreneurs, […]

Continue Reading

David’s fishing analogy is a funny one! Unlike David, I neither fish nor hunt, however, I do appreciate his attempt to portray his hard work of marketing for Magnus as similar to fishing. In my part of this post, I will continue to use David’s fishing analogy to describe what we, at Magnus, do when […]

Continue Reading

Strangers always talk to me

A Point of View

Melissa Pigott, Ph.D.

On July 16, 2019

Category: Getting Through Life and Work, Jury Consultants, Life Outside of Work, Psychology, Trial Consultants, Work-Life

There is something about me that makes strangers talk to me. I can be just about anywhere, minding my own business, not making eye contact with anyone, when, all of a sudden, someone strikes up a conversation with me. I recently had lunch with a client and, when we were leaving the restaurant and walking […]

Continue Reading

Another View

David H. Fauss, M.S.M.

On July 16, 2019

Category: Getting Through Life and Work, Jury Consultants, Life Outside of Work, Psychology, Trial Consultants, Work-Life

I’ve seen this happen, including the Santa incident in Sydney. He had with him Mrs. Santa, and a human size Christmas tree, but it was the “Bad Santa” who paused in greeting people in the market we were visiting to make suggestive comments to Melissa. Another incident I will never forget was a long time […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

Powered by WordPress. Designed by WooThemes