Archive | Trial Consulting

Defining Success

As trial consultants, we work in a field where defining “success” is somewhat elusive. We have talked around this in other posts, but will explain it further in this one. In the civil arena in which we work most often, the outcome variables are a verdict comprised of liability and damages. While lawyer advertising often […]

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The primary difficulty in defining success, when it comes to evaluating a jury verdict, is that there is no objective way to measure it. In psychology and other scientific endeavors, there is a control group, which receives no experimental manipulation, and is thus, considered a baseline by which to measure the results of the experimental […]

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Power of Words: Plantation ≠ big farm

This post is third in a series of posts about David’s and my experiences in the Mississippi Delta. We had fun times, but as usual, we learned some unexpected things from people we met during our trip. One of Magnus’ long time and favorite clients is named Orman Kimbrough. Orman is a native of Greenwood, […]

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Sometimes it is the “little” surprises that happen while traveling that are the most memorable.  I, too, found the plantation/big farm revelation mind opening.  It is also a reminder about the evolution of language.  The “de-sexisming” of language seems to have mostly evolved.  Gone are mailman, stewardess, chairman of the board, replaced with the gender […]

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Debugging the Case

When I am wearing my marketing hat (one of many hats I wear, as discussed in other posts), I often find myself looking for ways to explain what a trial consultant does for a trial lawyer. As hard as it is for me to repeatedly explain, after 25+ years in this field, I frequently find […]

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As of this writing, I have consulted on thousands of high stakes civil cases. So far, there has never been a client who retained my services (or those of my employers, prior to the time David and I founded Magnus) because he/she believed he/she had a perfect case. Quite the contrary: 100% of the cases […]

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Po’ Monkey

During the summer of 2016, in July to be specific, David and I took a road trip to the Mississippi Delta. The purpose of our trip was to learn about, and experience first hand, blues music. As every serious fan of rock and roll music knows, and according to Muddy Waters, “The blues had a […]

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I had no idea what to expect when we ventured out on this Mississippi trip. I, too, read up a bit, but was still not sure. Melissa had done more research and her knowledge of the Blues is stronger because she has spent many years absorbing information while playing bass guitar. She has gained a […]

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Cliques

I recently authored a post about poseurs. This is post is on a closely related topic, cliques. Cliques are present in almost all social groups. Social psychologists have, for decades, conducted research on in groups versus out groups and the societal roles played by these categorizations of people. Generally speaking, we humans prefer to socialize […]

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Other than being in the band, marching and concert, for much of junior and senior high, I don’t think I found myself in too many cliques.  And, I’ll report that, even within the unit of the band, there were sub cliques of those who thought they were the best of the bunch.  While I was […]

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How NOT to do mock jury research!

I recently had a telephone call from a prospective client who wanted help with a case going to trial within 2 weeks of his call. It was a big case and he asked that we conduct mock trial research on a specific Saturday (which was 10 days after the call), in our home venue (despite […]

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No one hates to turn down work, and more important, revenue generated from work, more than David and I do. However, we have turned down quite a bit of work over the years, for a myriad of reasons. In the recent unfortunate instance David mentions, any of the incorrect and unreasonable requests the prospective client […]

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Poseurs

We all know poseurs. Poseur is a French word derived from pose and poser and as we all know, it is used to describe someone who adopts a fake or insincere way of presenting himself/herself to others. There are all kinds of poseurs, including many politicians and celebrities, who affect their public image in ways […]

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I’m sure that Melissa and I are compatible because we share this genuine personality trait. I’ve never “gotten” or understood the poseurs – whether high school jocks or cheerleaders, or in any other context, including our current work. I know that in our current work, trial consulting, our clients have to put on a “show” […]

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Porch dogs (& cats)

A Point of View

Melissa Pigott, Ph.D.

On March 28, 2017

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

I have a well worn tee shirt that says, “If you can’t run with the big dogs, you’d better stay on the porch.” Although I like this expression, I prefer my porch to almost any other location, thus, I am perfectly happy to stay on the porch. I believe there are several types of people, […]

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Another View

David H. Fauss, M.S.M.

On March 28, 2017

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

To answer Melissa’s question, my preference is to be an outdoors person. But, the reality is, I spend more time on the porch than in the field. Growing up, I spent as much time as possible exploring the woods near my house, pellet gun in hand, before moving beyond that to bigger woods and bigger […]

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Entrpreneurial Hats

I don’t wear (real) hats that often, unless I’m going to be in the sun, or in the cold weather.  I have lot of hats, a habit of collecting them picked up from my Dad.  He has quite a collection, many of them from trucking companies or manufacturers.  In fact, as a child I thought […]

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David is right: I don’t wear as many hats in owning and operating our business as he does. My job primarily consists of preparing for research projects, for example, mock trials; conducting research; preparing detailed reports containing research results and recommendations for litigation strategies; supervising our research team; selecting juries; making presentations to lawyers, insurance […]

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Trial Consultants & Dentists

A Point of View

David H. Fauss, M.S.M.

On March 16, 2017

Category: Getting the Job Done, Litigation Tips, Marketing your Business, Psychology, Trial Consulting

Okay, what do trial consultants and dentists have in common? I was prompted to think about this recently when I met a dentist who is participating in the Jim Moran Institute/Florida State University Small Business Executive Program with me. He and I were discussing how people dread going to the dentist. It is one of […]

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Another View

Melissa Pigott, Ph.D.

On March 16, 2017

Category: Getting the Job Done, Litigation Tips, Marketing your Business, Psychology, Trial Consulting

I don’t understand why some of Magnus’ clients, all of whom are trial lawyers, are afraid of retaining us as a way to prepare for trial, mediation, and arbitration. In that lawsuits and litigation is their sole reason for their professional existence, why would they resist improving their chances of success by benefitting from our […]

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