Archive | Trial Consultants

Output = Effort x Ability

Social psychologists, as well as other types of psychologists, have studied achievement motivation for many decades. In goal directed situations, there are several ways in which someone can achieve the desired outcome: ability, effort, and luck. Success and failure also depend, of course, on the difficulty of the task being undertaken. When considered together, these […]

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I clearly remember that early employee to whom Melissa referred.  How could I ever forget her?  She tried so hard; she really gave it her all.  But, often, that was not enough.  This made it difficult to manage her without deflating her sense of self.  Reacting to “I tried so hard,” by pointing out her […]

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Leadership styles

Many people wonder how leaders emerge. Some people endorse the view that certain people are “born leaders,” while others believe leadership is a skill that is acquired. Organizational psychologists have studied leaders, leadership, and leadership styles for decades to determine what traits separate effective leaders from leaders who lack effectiveness, the situations in which leadership […]

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I often learn new things in reading what Melissa has written.  As someone whose graduate work was in the Organizational Behavior field (the business school version of I/O psychology), leadership is a familiar topic.  But, considering her perspective on how leadership plays out in the jury decision making process is enlightening.  Melissa is the expert […]

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Work Life Balance

The term “Work Life Balance” seems to have existed for a long time. In writing this post, I did a bit of quick research and found the concept was not well defined until the last 20 years. Researchers have identified 3 key balance components: time, involvement and satisfaction. When work or life (family) demands are […]

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Due to the lasting impact of COVID-19 on our nation’s workplaces, the issue of work/life balance has taken on a new urgency.  Although many corporations are requiring their employees to return to the office full time, and some workplaces, such as hospitals, never allowed remote working, other employers are struggling for ways to keep their […]

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Price based decisions

Melissa and I recently made a big purchase. A roof. It was not something I’ve shopped for willingly. The failure of the old roof after storms made it a necessity. It is a big purchase, bigger than anything we’ve ever bought, other than a house. Shopping for a roofing company was a reminder of how […]

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When it became necessary to shop for a roofing contractor, I went about it in the same way I search for just about anything.  I researched local roofing companies, asked people for referrals, and checked ratings from various sources.  I eventually obtained 4 bids and 1 refusal to bid (due to the complexity and danger […]

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Do You Still Need to Practice?

Recently, I remarked to my bass guitar teacher, Phill Fest, that many of my friends question my need to take bass lessons, due to the fact I have been playing the bass guitar for over 20 years. (This was the subject of a previous post, in which I mentioned that, although I have been playing […]

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I took piano lessons as a child, but fishing seemed much more fun than piano, so I didn’t play piano long!  But, call it what you want, practice, playing, fishing, getting better, and staying strong at anything takes time and effort.  I’ve written about Dr. Fran Kinne before. She started playing piano at age 3 […]

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High Anxiety

Magnus’ clients are attorneys involved in high stakes litigation. Whether they represent the plaintiff(s) or defendant(s), they are under a great deal of pressure to get the best result for their clients.  Even when they don’t show it, we know this is a high stress situation.  Putting together a mock jury research project is intense.  […]

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David’s title, “High Anxiety,” instantly reminded me of the 1977 Mel Brooks movie of the same name.  However, that’s where the similarity both begins and ends.  While Mel Brooks’ movie was a farcical comedy, Magnus’ cases are anything but comedic.  Many of our cases are tragic and all of them involve high stakes.  The attorneys […]

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The Major League

My family is a baseball family. My dad, the late Park T. Pigott, Sr. played baseball, coached baseball, and generally speaking, lived much of his life for baseball. I am not usually fond of sports analogies, however, recent experiences with clients of Magnus Research Consultants have reminded me of baseball. Almost all of Magnus’ clients […]

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This minor leaguer experience was one of the strangest situations we have had in years.  We had been, to keep up with the baseball analogy, “scouted” by the end client (that is the entity/person paying our bill).  Our ability to work with the lawyer was limited until that scouting was completed.  Admittedly, this process was […]

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Politics of Litigation

A Point of View

David H. Fauss, M.S.M.

On May 20, 2021

Category: Entrepreneurship, Getting the Job Done, Jury Consultants, Magnus, Magnus Insights, Magnus Research, Trial Consultants, Trial Consulting

Magnus is hired for many reasons. To evaluate the liability issues in the case. To assess the damages potential. To determine at whom to point fingers. To get a plaintiff to understand the realities of their case. To get a defendant to understand the realities of their case. Is it a case to try? Is […]

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The behind the scenes intrigue in many of our clients’ cases is often more important to our clients than the outcome of their jury research.  One of my all time favorite clients, now deceased, was a wonderful attorney who worked for a government agency.  Until he hired Magnus to work on several of his cases, […]

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Retainers

Call it a deposit; call it a retainer. Magnus doesn’t start work without one (except in rare circumstances beyond the scope of this post). We need money, we want money; importantly, other people want money. We learned, the hard way, that clients need to “show us the money.” One of our first cases blew up […]

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No one works for free.  By definition, work is performed in exchange for compensation.  (The obvious exceptions, such as slavery, human trafficking, etc., are beyond the scope of this post.)  The fact that one of the largest law firms in the U.S.A., as well as its client, one of the largest corporations in the world, […]

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Heuristical thinking

Biases and heuristics often, but not always, go hand in hand. While bias is attributed to the absence of reflective thought, leading to limitations in judgment, heuristics are used intentionally when making inferences. Heuristics are common sense reasoning strategies employed by laypersons. They are “shortcuts” that accelerate the decision making process. Heuristics may or may […]

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Magnus’ reports often contain a section entitled “Heuristics” and, when I’m showing our sample report to prospective clients, I usually have to explain what a heuristic is and why it is important.  I typically explain that heuristics are the ways that the jurors relate to a case – in their own language.  Whether it is […]

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