Archive | Trial Consultants

The Answer

I saw a post on a Facebook friend’s page that said “You don’t have to know the answer, you just have to know how to find the answer.” That prompted a number of thoughts. First is the issue of “the answer.” Sometimes there is not a single answer. Sure, to basic mathematical questions there may […]

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Many people, some of Magnus’ clients included, look for the “easy way out” of many situations.  Often, there is an easy way out, for example, when a door is marked with an exit sign, or when a restaurant menu is placed in front of someone, or any one of the countless other situations we encounter […]

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10 Things I Love About My Job

I love my job! I truly do! My dear friend, Bob, has called me a workaholic since we met in 1980. I am a person who really likes to work! Being bored is not for me. I decided to think about the top 10 things I like about my job as a jury/trial consultant, which […]

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All non volunteer or pro bono jobs have extrinsic rewards – a paycheck.  Melissa and I are fortunate that our jobs also have intrinsic rewards.  That is, the personal rewards Melissa mentions of helping people – individuals and those collectively or in groups/companies – who are impacted by the lawsuits in which we are involved.  […]

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Foresight

I was listening to a segment on my local NPR station yesterday having to do with attempts to pass legislation that, among other things, will provide funds for much needed repair work on roads and bridges. The reporter said the United States spends less money on infrastructure than many other developed nations (in relationship to […]

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David’s post raises some good points, many of which have to do with the psychological phenomenon known as defensive attribution.  Defensive attribution occurs when an observer attributes the cause of a misfortune in ways that minimize their own fear of experiencing a similar fate.  Many people attribute other people’s negative experiences to a personal failing, […]

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Rust Never Sleeps

The trigger for this post was my need to prepare some paperwork for a client recently. It had been a few months since I had done this particular paperwork and, I’ll admit, I felt rusty. Rusty in the sense that it wasn’t as smooth a process as I would have preferred. When I realized it […]

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I like David’s reference to a Neil Young song!  “Hey hey, my my.  Rock and roll will never die.”  What great lyrics!  However, to get to the point of David’s post instead of singing along with Neil Young, I will pose a rhetorical question: How does one hone trial skills without practicing?  Sitting around, resting […]

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Employers’ Duty of Care of Employees

The lecture I recently attended on workplace violence included information regarding employers’ duty of care of their employees, with the goal being to foster an environment of zero tolerance for violence. The first component of every employers’ duty in this regard is, of course, to have a written policy that prohibits all forms of on […]

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Employers’ responses to harassment or violence send strong messages as to whether behaviors are tolerated.  In the instance Melissa mentioned about being grabbed from behind, that was an act committed by the attorney/client when she worked in her first trial consulting job.  Because he was a client, she didn’t respond with violence and hit him, […]

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Calculated Risk

For a number of years, Melissa spoke to law students at Stetson University at the invitation of the late Professor Mickey Smiley. Professor Smiley did his students a favor, which I hope they later appreciated, of inviting successful trial lawyers, and at least 1 trial consultant, (Melissa) to speak to his trial skills class to […]

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Professor McKinley, “Mickey,” Smiley was a beloved law professor at Stetson University.  He passed away in 2016, following a lengthy tenure at Stetson.  Beginning in 1997 and continuing until Professor Smiley’s retirement in 2005, I had the honor of being an Adjunct Professor in the College of Law, where I lectured to students in his […]

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Workplace Violence

This is the first of a series of 3 posts concerning workplace violence. As part of my Continuing Mediator Education required to maintain my certification as a Civil Court Mediator in Florida, I attended a lecture on workplace violence that was taught by an employee of the Fort Lauderdale Police Department. Unfortunately, most of us […]

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It is disturbing that workplace violence, in any form, is enough of a problem that it was included on the agenda for Melissa’s mediator continuing education. This fact is enough to give one pause, and it makes me think how different things are in the world at large than in our small business.  I certainly […]

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Illuminating Litigation

Many years ago an attorney shared with me why he liked conducting mock trials on his cases. He said that litigation without jury research is like driving in the dark without headlights. I’m not willing to say that trial lawyers are always driving in the dark, but I agree with his premise: mock jury research […]

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I frequently observe people driving in the dark with no headlights.  It is a dangerous thing to do because not only can the driver not see where he/she is going, but other drivers can’t easily see the “ghost vehicle” either.  On the few occasions when David and I went boating after dark, we saw boats […]

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Pay to Play

I’m writing this post after having recently received a solicitation from an attorney group asking for speakers for a big annual event. The “invitation” included a price list of what they expected speakers to pay. Despite the fact the audience would be perfect for us, marketing wise, Melissa immediately rejected the idea as something prohibited […]

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Psychologists are expressly prohibited from paying anyone to publish their research, lecture to any audience, or endorse their services.  Although attorneys and other professionals have different codes of conduct than psychologists, as a psychologist who works with attorneys, I am bound only by my profession’s ethical code of conduct.  It is abhorrent to me to […]

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COVID-19 Jury Composition Conjecture

As trial consultants we try to stay current by reading lots of newspapers, journals, and magazines. Recently, I’ve noticed people writing about the composition of juries post COVID-19 (not that COVID-19 is over, “post” in this context merely indicates a world where COVID-19 came into being). Because of the politicization of COVID-19, vaccines, masks, etc., […]

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I guess speculating about the composition of juries gives people something to discuss.  And, at least it’s better, in my opinion, than listening to people drone on about their experiences as jurors.  (The latter discussions, when I am unwittingly involved, remind me of “One time, in band camp…” and are just as uninteresting!) I don’t […]

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