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Uncategorized – 2's Company – MagnusInsights.com https://magnusinsights.com Wed, 11 Aug 2021 19:31:56 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.4 https://magnusinsights.com/wp-content/uploads/cropped-2sCompanyLogov23-32x32.jpg Uncategorized – 2's Company – MagnusInsights.com https://magnusinsights.com 32 32 Sometimes, You Gotta’ Work for “It” https://magnusinsights.com/sometimes-you-gotta-work-for-it/ Thu, 26 Aug 2021 17:00:00 +0000 https://magnus.lisawhitsell.com/?p=2887 I’m writing this post after tossing a couple of resumés in the recycling bin. These applicants were from our recent search for a new Research Associate. As I mentioned previously, this time around has been different, with the use of online recruiting tools including Handshake, Indeed, and LinkedIn. The usefulness of these resources is not too impressive, but we got many applicants of varying qualifications. Of the applicants who met our prescribed qualifications, the next step we have used for many years is to email them a list of about 20 initial questions. We implemented this procedure many years ago to save my time with initial, unproductive, telephone interviews and also to give the applicants time to think about their answers (something that seemed to be necessary because of the number of applicants who needed time to contemplate the answers). What has been striking to me this time is the number of people who did not bother to answer the questions or even respond to my email regarding the questions. (I’m pretty sure they got the email in that, if I didn’t get a response within 48 hours of my initial email, I sent a text or made a phone call – usually leaving a message – to ensure that they were looking for the email I sent.) Some of the questions have perhaps an obviously “socially desirable” answer, such as “Do you smoke?”. Perhaps some non responsive applicants “weeded themselves out” based on these or other questions. However, I know that this does not fully explain the non response in that others did answer the questions in a way that told us they were not someone appropriate for the job. Instead, I wonder if the questions were just too much trouble for some people. I wonder if these applicants are not accustomed to “working for it,” whatever “it” might be, in this case, the job for which they applied. Obviously, if they did not want to work for the job, their intent to work on the job is questionable and they did us a favor by not answering the questions. It is hard to imagine that so many people are just lazy, but I don’t know what else explains the non responsiveness. The courteous thing to do would be to say, “On further consideration, I don’t think this is a good job for me…” or at least something. Common courtesy would dictate a response of some sort.

]]> Sunsets https://magnusinsights.com/sunsets/ Tue, 01 Oct 2019 14:00:31 +0000 https://magnus.lisawhitsell.com/?p=2258 I was born, and grew up in, Fort Myers, Florida, located on the coast of the Gulf of Mexico. Watching the sun set over the Caloosahatchee or the Gulf of Mexico was a huge part of my existence as a child. I have had the fortunate experience of watching sunsets in all 50 states in the U.S.A., as well as in many other places around the world. David, the professional photographer in the family, has many, many beautiful photographs of sunsets from all over the world, including some that are prominently displayed in our living room. We love sunsets! When we moved to our current home, the first item on our “must have” list was a house with a western exposure in the back yard, to allow us the opportunity to gaze at the sunset on the evenings when we are home. Given our frequent travel schedules, watching the sunsets from our lovely patio is a rare treat and one we treasure. We recently had an experience that made us realize not everyone is as fond of watching sunsets as we are. We hosted house guests who, much to our surprise, when invited to join us on our patio to celebrate the end of the day with our “sunset party,” were not as thrilled to see the sunset as we were. Needless to say, David and I were stunned at first, but as we have discussed it since then, we realize that not everyone shares our enjoyment of watching sunsets from wherever they happen to be, even if it is our humble home in Pompano Beach, Florida. Having watched the sunsets in Santorini, Greece, reputably one of the best places in the world for sunset gazing, I will say that seeing the sunsets from my patio, while perhaps not as intense as elsewhere, is, to me, the essence of what it means to be happy. I’m looking forward to watching the next sunset, wherever I happen to be!

]]> Better Safe than Sorry https://magnusinsights.com/better-safe-than-sorry/ Thu, 16 Aug 2018 14:00:18 +0000 https://magnus.lisawhitsell.com/?p=1836 A client of ours recently told me his motto was better safe than sorry. This was in the context of setting a meeting and allowing adequate time for Miami traffic – which can be a real challenge. But, his motto is something I’ve often thought about and attempted to use, tactfully, with potential clients who are on the fence about conducting mock jury research. Over the past 25+ years working with attorneys, I’ve talked with many who were unsure whether it was “worth the money” to conduct jury/fact finder research when they think they have a pretty good handle on a case. These are usually the attorneys who have little experience doing so and they are less familiar with the myriad of benefits. In these situations I often want to blurt out, “Other than money, what do you have to lose, wouldn’t you rather be safe than sorry? Wouldn’t you rather take your punches in a practice bout than get knocked out, proven wrong, in the courtroom?” Doing research provides information that can be used to improve strategies and/or make a litigation go/no go (i.e., settlement) decision. What can be wrong with gathering data and determining if your “view”of the case is the same as that of the decision makers – whether jurors, judges, or arbitrators? Recently I wrote about some clients who did not even want to suggest a mock trial to their client, see “Not Telling Client About Proposal”.  I still do not understand this, and especially, now that they lost the case, I really don’t. Wouldn’t it have been better to be safe than sorry? Years ago, a prospective client said he was unsure how to admit to his client that he needed a trial consultant, because the client hired him to try the case based on his years of experience. How could he, he wanted to know, admit needing help? My response included suggesting jury research to ensure that assumptions and impressions he had of the case, and that his client had, were correct. Didn’t he want to find out before it “counted”? He put his fear aside, made the call to his client, got us approved, and guess what, learned good information – and got a good result. Better safe than sorry seems to be a fundamental reason to conduct mock jury research! Thanks, Brian, for the reminder!

]]> I like my cat better than you https://magnusinsights.com/i-like-my-cat-better-than-you/ Tue, 16 Jan 2018 15:00:44 +0000 https://magnus.lisawhitsell.com/?p=1582 I like my cat better than you. There, I said it! Regardless of who “you” are, in all likelihood, I will say, in all truthfulness, that I prefer my cat to almost anyone, including “you.” The first time David became painfully aware that I am not joking when I say this was soon after we started dating. At that time, I had a cat named Ziggy Stardust (about whom I wrote and published a book) who was 9 years old. Ziggy and I had been together for the entire 9 years of his life, except for his life as a young kitten with his mother. Ziggy was, at the time, and for the remainder of his 19 year life, my “main man.” He was my friend, my adventure cat, and while human men and women came in and out of my life, Ziggy remained my constant companion. I explained to David that, if he did not meet with Ziggy’s approval, there would be no future in our relationship because it would be he, not Ziggy, who would not be around much longer. Needless to say, Ziggy adored David and we enjoyed life together until Ziggy’s passing 10 years later. Since the time of Ziggy’s passing, there have been other cats in David’s and my lives: Sammo, Ron, Gizmo, and now, Rex. Although none of these cats lived until they were 19, all of them became more a part of our family than our human family members and certainly, a more important part of our circle of friends than our human friends. People who do not like cats have no idea what I am talking about; perhaps they believe I am eccentric or something far worse, but I have never, ever been lied to by my cat; I have never had my feelings hurt by my cat; I have never relied upon, then been let down by my cat; I have never had anything stolen by my cat (if you don’t count the missing chess piece that Ziggy somehow hid from me); and, in general, I have never been disrespected or treated badly by my cat. So, if I ever meet anyone who has all of the positive traits of my cat, combined with none of the negative traits of almost everyone I know, maybe I will change my ways. Until then, I will continue to prefer my cat!

]]> Don’t beat around the bush https://magnusinsights.com/dont-beat-around-the-bush/ Tue, 27 Dec 2016 15:00:45 +0000 https://magnus.lisawhitsell.com/?p=1208 I approach life, and dealing with people, in a direct manner. Some people, in fact, might describe me as terse or abrupt. I do not intend to be rude when interacting with others; I am just fond of getting to the point, as quickly as possible and by using as few words to do so as possible. (As an aside, my Ph.D. dissertation, considered by many academics as their crowning achievement, was a mere 43 pages long! In it, I said everything there was to be said, and nothing more.) A previous post mentioned my frustrations with people who “go around by Tampa”; this phenomenon is often referred to as “beating around the bush.” I am the polar opposite of someone who beats around the bush. I prefer to clear a path through the middle of the bush or remove the bush entirely if it impedes my movement. In my opinion, miscommunication often derives from indirect ways of saying things. People often hesitate to say what they really mean for fear of hurting someone’s feelings, or fear of retribution by an authority figure (or someone with an authoritarian personality who instills fear in other people). I am well aware of the need to be tactful when dealing with people, especially those who have low self esteem, however, I firmly believe it is in everyone’s best interests to know where they stand with me. In this way, there are no surprises caused by someone believing things are one way when they are completely the other way. Hemming and hawing, beating around the bush, and generally speaking, communicating in an indirect manner (sometimes with a passive-aggressive intent) are not for me. That’s it! Short, but not necessarily sweet.

]]> Crazy Mock Juror Story #4: In the Keys, wear shoes if you please https://magnusinsights.com/crazy-mock-juror-story-4-in-the-keys-wear-shoes-if-you-please/ Tue, 13 Dec 2016 15:00:57 +0000 https://magnus.lisawhitsell.com/?p=1180 My work as a trial consultant has taken me to many places. When people ask me where I have worked, I always say, “I’ve worked almost everywhere from Alaska to the Virgin Islands.” When it comes to traveling for work, I’ve been there and done that. This being said, my home state of Florida has some of the wackiest mock jurors in these United States! And, where else but Key West has the wackiest among the wackiest! I write a script (we call it a screener) for our mock jury recruiter to use when calling people to invite them to participate in one of our mock juries. The questions are standard issue questions that allow our recruiter to obtain a representative sample of citizens in the place where we are working (in attorneys’ lingo, the trial venue). However, when we are working in Monroe County, Florida, with Key West as its county seat, we have to include two important sentences in our recruiting screener: “PLEASE be sure to wear shoes. You will not be allowed to participate without shoes (flip flops are acceptable).” This is no joke! And I learned the hard way that, when working anywhere in the Florida Keys, we cannot assume the mock jurors will report for duty while properly shod. My research assistant and I spent one memorable day, many years ago, working in Key West with several mock jurors who arrived wearing no shoes, sandals, socks, or other foot coverings. It was quite an experience and one which, needless to say, made an unfavorable impression on our client. I asked these shoeless mock jurors if, just by chance, they happened to have any shoes, flip flops, etc. in their car that they could obtain, then wear, for the duration of our research. (Keep in mind that we were working in an upscale hotel with a “no shoes, no shirt, no service” policy.) Can the reader guess their answer? Their answers were similar: “Dude, I walked here after going to the beach”; “I rode my bike, man, and I never wear shoes while riding my bike”; “Sorry, but I got rid of all my shoes when I moved to Key West”; etc. (Yes, I am sometimes called, “Dude,” “man,” and “buddy” even though I am a woman!) This experience may seem funny now, years after it happened, but it was bordering on crazy when it happened. Oh, the places I’ve been and the things I’ve seen!

]]> Reality check – Defendant https://magnusinsights.com/reality-check-defendant/ Thu, 20 Oct 2016 14:00:25 +0000 https://magnus.lisawhitsell.com/?p=1135 I previously wrote about how mock jury, mock mediation, or mock arbitration research provides a “reality check” to plaintiffs. It does the same thing for defendants, whether they are the actual party, the company, or the insurance company/adjuster. Many years ago, a defense lawyer told me, “I think the case is worth $X, the client thinks it is only worth 20% of $X; one of us is wrong.” He suggested that he would contact the client to retain Magnus for mock jury research in order to find out which one of them was wrong. Another time, an insurance adjuster client came to our mock jury research project with “an attitude”; he didn’t want to be there, he didn’t want to pay for it, and he was convinced it was a low risk, low damages case. Suffice it to say, he was wrong. The mock jurors “slammed” the defendants and awarded 10 times what the adjuster thought could happen “on a bad day.” As he recovered from his initial attitude – which was adversarial to the process – his eyes were opened to the insights provided by mock jury research. He had his reality checked, and then was able to take the data back to the office to share with his boss, and his boss’ boss and, not surprisingly, the case was settled fairly soon thereafter. He looked like a hero for saving the company millions compared to what was likely to happen at trial. As noted at the outset, and in the prior blog, plaintiffs may not be “greedy” or adjusters “heartless.” It is often a matter of perspective and when the decisions from typical decision makers (that is, jurors, arbitrators, or judges) are considered, the perspectives become more real. Lessons learned in mock jury/arbitration research lead to bullets dodged and more satisfactory outcomes for plaintiffs and defendants.

]]> Reality check – Plaintiff https://magnusinsights.com/reality-check-plaintiff/ Thu, 13 Oct 2016 14:00:03 +0000 https://magnus.lisawhitsell.com/?p=1132 A not so secret secret is that plaintiffs in civil litigation often overestimate the value of their case. We have heard, many times, from our attorney clients that their clients often expect them to be able to resolve their case for many times more than what it is “worth.” Sometimes these expectations are based on the amount of money other people whom they know have gotten in a case. Sometimes it is based on “promises” made in lawyer advertising. Often, it is based on the amount of insurance the defendants have available in their policy, or even the size and financial resources of the target defendant. These unrealistic expectations are difficult for the attorneys to manage and good opportunities to achieve settlements are sometimes squandered by plaintiffs who do not understand how a value is assigned to the injuries they suffered. As an example, we recently had a case on which we worked with a plaintiff involving a defendant with $5 million in insurance coverage. There was no question of liability – the plaintiff was a pedestrian who was struck by a (drunk) driver. The plaintiff was badly injured and unable to work. But, there were several factors the attorney thought would limit the plaintiff’s recovery of any amount of money. Magnus conducted mock jury research and the mock jurors pointed out these issues, and more, as they deliberated. They awarded less than half of the $5 million policy limit. This was a harsh reality for the plaintiff, who could see the deliberations videos with his own eyes. This “reality check” process can bridge a gap between attorneys and their clients and provide a perspective that allows them both to make educated and informed decisions about resolving a case. And, some of our attorney clients engage us in such cases as a “CYA” and to ensure that their clients know they are not being sold short. The reality check provided by mock jury research has resulted in the quick resolution of many cases on which Magnus has been engaged. Try it.

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