Over the years Melissa and I have been working as trial consultants, we have often been called “a secret weapon” numerous times. In reality, the fact that we, or any trial consultant, is working on a case, at least in conducting pre-trial research, preparing witnesses and the like, is secret. It is confidential attorney work product. When a trial consultant appears in court for jury selection, this is a bit less secret, but the trial consultant’s role is typically not telecast to the jurors by agreement of the attorneys (especially when both sides have consultants). Our status as a “secret

Many years ago when we were first starting Magnus, we learned a lesson, the hard way, about trusting clients, even prior clients, or their associates, when making research plans. We met with a client from our prior employer, at his request, and we came up a research plan for one of his cases. After the meeting, I sent a proposal, and because the attorney was busy and traveling, I communicated with the associate attorney working for the lead attorney – the prior client. He confirmed the research plans and assured us that everything was on track. Time was tight and

Glass laminates, carpet glue, yacht paint, windshield wiper technology, medical negligence, accounting malpractice, legal malpractice, burns, brain damaged babies, dog bites, hurricane damage – to coffee, hurricane building damage, construction defects, government taking of land (eminent domain), murder, rape, cruise ship based crimes, cruise ship excursions gone wrong, toxic chemicals, environmental damage, celebrities accused of acting badly, sick buildings, automobile vs. automobiles or trucks, motorcycles vs. cars or trucks, hearing loss, fires, nursing home deaths, artificial insemination gone wrong, stock broker misconduct, and medical experimentation. What these all have in common is that they are a sample of the types

While we work with many repeat clients, once, all of our clients had a first time experience hiring a trial consultant. And, these first time experiences happen on regular basis. I’ve come to realize that things which are second nature to me are foreign to first time prospects and clients. In fact, it starts when we refer to what we do as research. That’s what it is, to us, social science research. But “research” means different things to attorneys. When you are considering your first time working with a trial consultant, there are some important things to know. (This post

I recently had a conversation with a potential first time client who requested a proposal, a request I granted as always. I followed up with a call and the discussion quickly moved to the price. That’s not uncommon. But, what struck me in this conversation was that he stated that he, and his partners, had spent so much money on this potentially multi million dollar case that he was not sure he could get the partners to agree to put more money into it. As we discussed the situation, in which they represent the plaintiff who is seeking a multi

A recent lunch with a client involved an interesting discussion of how to convince “end” clients to spend money on mock jury research. For those who don’t know, in some cases, the lawyers advance the expenses, including expenses for things such as mock trials, and in others, they expect the actual client, the “end client,” whether an individual, corporation, or insurance company, to advance those expenses. Our discussion involved a reality of litigation such as there are many variables which affect case outcome. These “risk” factors can be things like the likability of the parties involved on either side, the

There is considerable research on what level of effort is required to perform at “master” or “expert” level at a variety of skills. Malcolm Gladwell expounded on this concept in his 2008 book, Outliers. Much of the focus of this research has revolved around becoming expert at a skill like chess or mastering a musical instrument. While there is considerable debate about whether it is a hard rule that 10,000 hours are required to become a master and whether other factors are essential (e.g., innate talent and age when beginning the endeavor), the point remains, practice does improve performance. Whether

In thinking about my prior post on confirmation bias, I thought about one aspect of being hired as a professional trial consultant. It happens that I recently saw an announcement of a bar association seminar on do it yourself (DIY) mock trials. I know that mock trials are often expensive when conducted by a qualified trial consultant (what constitutes the distinction of “qualified” has been the topic of other posts). I get it, sometimes a case does not warrant the cost of a professional. But just as other DIY projects, DIY mock juries often suffer from the lack of expertise

I read an article recently about confirmation bias and how it negatively impacts social science research and progress. Confirmation bias is “the tendency to seek, interpret, and create information in ways that verify existing beliefs.” (Brehm & Kassin, Social Psychology, 1989. Which is, coincidentally, a textbook for which Melissa co-authored the Instructor’s Manual and Study Guide.) Confirmation bias happened when one sticks to what one already believes despite conflicting, or contradictory, information. Often, the initial belief is based on incomplete information or, perhaps, new information is developed over time that is contrary to the old information. It is not always

I will admit, I probably have a bias. Both my undergraduate and graduate business degrees had a strong emphasis on marketing. Therefore, in the context of operating a small business, I am cognizant of details that create impressions. As a result, it seems to me that almost everything done in a business is marketing. The way the phone is answered creates an impression. The look of a proposal is marketing. The tidiness of a piece of mail that will land in someone’s hands. The absence of typos in a report. The look of the brochure, the report, the website, or