Source of article 2's Company - Magnus Insights.
I remember that I first heard “If all else fails, read the directions” from my Dad, decades ago. He really didn’t operate that way, but the point was, if you can’t figure it out on your own, the directions might help. (Not always – I wonder who writes some of them!) Anyway, this year has been a year when I’ve observed this from another angle, and though I’ve mentioned something along this line in prior posts, I want to revisit the idea. This has a been a year when I’ve observed, “If all else fails, call the trial consultant.” That is, “When we could not get the case settled, call for help, because (horrors) we might actually have to try the case.” At one level I get it; clients don’t want to spend an extra dime and as we know, most cases settle. In fact, most cases on which we do mock jury research settle. But, it concerns me that I’m seeing the trend to the “if all else fails” mindset. This is because I know, despite the issue of spending money, that the kind of research we do as trial consultants results in better outcomes, whether in a settlement or trial. And, I also know that calling a trial consultant a mere 2 to 4 weeks prior to trial is not optimal. Because of the time required to get the project set up, recruit the mock jurors, etc., sometimes there is not enough time available, and that is assuming the consultant’s schedule is wide open. We have had to decline 2 cases this year because the attorneys called too late. In a few other situations, we’ve pulled things together and completed the project, and, while the research was successful, and the results helpful to all involved, it could have been more helpful had it been conducted sooner. I will always remember the client who told me “You should have made me do the research sooner.” I wish I knew how to do that, that is, how to make people hire us before all else has failed.