Archive | Trial Consulting

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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Sorting out responses and non responses

A few months ago, Melissa and I were talking with one of our favorite clients, Buddy Schulz, when he commented that Melissa’s job during jury selection involved sorting out responses, and non responses, of potential jurors. He was noting that it is one thing to evaluate what someone says during jury selection (or perhaps with […]

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Jury selection involves, at least for me, interpreting and de-coding the things people say and do and the things they don’t say or do.  In fact, I spend just as much time observing the nuances of people’s behavior as I do in listening to the words they say.  When a potential juror is being questioned […]

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No One Has Ever Said They Wish Their Jury Research Had Been Later

In almost 30 years of owning and operating Magnus Research Consultants, David and I have been fortunate to have few complaints from clients. When there have been complaints, they have been of the following type: (1) “Your report is too long and comprehensive; it took too long for me to read”; (2) ”The charts summarizing […]

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This topic is salient because I had the discussion again recently, “What is your lead time for conducting research? My client wants to put it off as long as possible, because maybe they can settle…”  I patiently explained that the ramp up period, once we’ve provided a proposal, agreed on the research design, gotten approval […]

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Juggling

I shot a photograph of a juggler a couple years ago when I was wandering the streets of New York City while there to work on a client’s case. My eye was drawn to the colorful balls flying in the air so I walked toward the area behind the main NYC library. Turns out, several […]

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Most people have a difficult time “walking in someone else’s shoes.”  We live our daily lives, caught up in dealing with our personal issues, rarely giving much thought to what other people are going through.  David and I have a dear friend who, for as long as we have known her, has been battling a […]

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Listen as Much as, or More Than, You Talk

Sometimes, these posts almost write themselves. This is one of those times. I am a regular reader of advice columnists in newspapers. (Yes, I still read newspapers, several, in fact, on a daily basis.) “Dear Abby” recently provided some sage advice that included a suggestion for the reader to “listen as much as you talk.” […]

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To borrow from Alex Lifeson of Rush – “Blah blah blah.  Blah blah blah, blah, blah, blah.”  Some of you may recognize this from Alex’s speech following Rush’s induction into the Rock & Roll Hall of Fame.  It was an amazing thing to hear and watch – because one could, or at least I could, […]

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When is the Last Time You Learned Something?

One of the strangest objections I have heard, relatively often, during my career as a jury/trial/litigation consultant goes something like this: “Well, I have been a VERY successful trial lawyer for many, many years and I have never, ever, hired a trial consultant. What in the world could I possibly learn from you, or another […]

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This phenomenon exists in many contexts, but given that Melissa and I have spent decades working with attorneys, it hits us from time to time, right between the eyes.  One of my college professors told me that a sign of intelligence is knowing what you don’t know.  I think about this whenever I hear the […]

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When things don’t make sense: 28 days off

The work we do as trial consultants requires us to work closely with our attorney clients for several weeks or months, or even years. Clients are typically respectful and courteous. But, as we have written before, there are a few outliers – clients who abuse everyone around them, including us. We have had a few […]

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One of the most interesting aspects in my career as a jury consultant is unrelated to the expertise I provide to my clients on things such as trial strategy, jury selection, and witness preparation.  This interesting aspect of my job happens when my clients, all of whom are educated and intelligent attorneys, forget I am, […]

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Technology simplifies our lives, right?

Another clean out story. In purging the old equipment to prepare for the Magnus’ move to new office, we came across VCRs, VHS tapes, cassette recorders, cassette tapes, DVD duplicators, and more. These are a history of the technology evolution in our lives. Yet, it was also a reminder of simpler times. When we first […]

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I don’t endorse the premise that technology simplifies our lives. Sometimes, it does, sometimes it doesn’t, and sometimes, there is no noticeable difference between old and new technology within the realm of simplicity.  I don’t mind change; in fact, I thrive on it.  And, it is relatively easy for me to learn new ways of […]

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Altruists and Narcissists

As a follow up to my last post containing the self assessment survey, I will outline several characteristics that differentiate altruists from narcissists. First of all, some definitions are in order, lest there be any doubt about these terms. An altruist is a person who has concern for other people’s welfare. He or she can […]

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Givers or takers.  Perhaps that is another way to relate to this topic.  The world has too many examples of narcissists; it is easy to identify many of them in the political realm.  Because politics is public, it is easiest to see them, though narcissists are certainly not limited to politics.  Examples from the business […]

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Putting Technology to Use

I was prompted to write this, and the prior post, because of Magnus’ recent move. The move necessitated discarding many tools which have been useful during our careers in trial consulting. When we started Magnus in late 1993, Melissa began to receive invitations to speak to groups of lawyers, insurance adjusters, and law school students. […]

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Thanks, in large part, to David, Magnus has always been ahead of the curve when it comes to using the most up to date technology.  I have been making presentations to large audiences for my entire career.  In the old days, when I was Director of Marketing Research at a large urban hospital, an A/V […]

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