A series of recent experiences pertaining to a case on which we were ramping up made me consider the timeline of jury consulting. In the world of business, and especially manufacturing, there is a concept of just in time production. With just in time production, the raw materials for a “thing” arrive at the production facility only when they are needed. Things, often generically called “widgets,” are then assembled with the ingredients which have arrived on time. In the last several years, throughout the economic changes brought on by the COVID-19 pandemic, there has been much discussion about supply chain

Many of the posts we write are inspired by recent events, though our list has many titles we created as far back as 10 years ago at the inception of the Magnus Insights, 2’s Company blog. I’ll admit that there are many DF titles I haven’t written yet. I’m writing today, while smiling a bit, at one of the minor details that have a major impact in our work, that is, calculators. That’s right, this post is about calculators. I titled this post “12 Digits,” because 8 is not enough (despite that it was on the 1970s era TV show).

Marketing is a big topic. It covers many things including advertising, sales, strategy, research and more. It was one of my 3 undergraduate majors and though some things have changed, for example, the transition from traditional advertising to social media advertising, the basics have long been the same. Getting yourself or your company known for what you do, how you do it, and why your company should be hired or your product should be bought are the goals. In our world of selling a service, this entails demonstrating knowledge and expertise. One of the ways we have done this over

Much of what we do as trial consultants remains constant over time. Social science research is well established in terms of methodologies such that the changes are in the margins. Technological changes are not a major factor in our world, yet, we constantly look at processes and technologies to improve our work. Among those have been things like moving from analog (VHS tapes) to digital (DVDs and now .mp4 video files shared by computer). We’ve been at this long enough to remember lugging giant laptops (when they became available) to research projects. Laptops, then iPads, have largely replaced the

A recent discussion with a client about his client’s (an insurance adjuster) reluctance to engage us for mock jury research is stuck in my mind. The adjuster, whose multiple bosses overruled in authorizing the expenditure on the mock jury research, remained adamantly against it as he did not believe the defendant had an liability such that the case was a slam dunk. When overruled, he stated that the only good outcome of the mock jury research would be a defense win to prove him right. To me, that is the ultimate bad outcome. The point of a mock trial

Working as a trial consultant has many unique factors that keep our lives interesting, and sometimes, frustrating. One factor is the time between when we are called on a case and when we actually do our work, such as a mock trial, and when that case goes to trial. I sometimes have attorneys ask me when they should call us about a case. My answer is EARLY. Call, put it on my radar and I’ll try to keep track of the case’s progress to know when it is ready for research. As I wrote this post, I thought of

It seems that “top 5 or top 10″ lists are popular in many areas. They are often entertaining; the show “Family Feud” is built on them. Late night talk shows thrive on them, going back at least to Johnny Carson. Thus, I thought I’d list a few of the top reasons for conducting mock jury, focus group, and other related litigation research. Although they are many reasons, here are some of the most common reasons expressed by clients: 1) Evaluate the liability and damages issues in a case. This one is obvious, except that many times it has a back

This is the third post in a series on professionalism. This one is about making “keepable promises” with regard to deadlines and deliverables. We, at Magnus, work in a world with many deadlines; very often, these are deadlines beyond the control of our clients. That is, judges set trial dates and discovery deadlines with which the lawyers must comply. Of course, waiting until a deadline is imposed is not optimal, but that is another story. In our world, when we are asked to provide services like a focus group or mock trial, there is a “ramp up” period. Things

This is a topic I’ve had on my “to be written” list for a long time. I’m prompted to write it now based on having been on the client side of working with a lawyer. Having been the client of lawyers on several occasions, I can say I much prefer the relationship in which the lawyer is my client. In this case, my brothers and I engaged a lawyer to continue the estate planning work we started long before our parents passed away. The lawyer did a reasonably good job in the early planning phase, but as we learned after

Recently, Melissa and I have been talking with a long time client about an issue we have, and he has, identified as being a challenge for us, and him, as a trial lawyer/mentor. That is, the “new generation” of litigators/trial lawyers lack experience with trial consultants. In a recent, eye-opening, conversation that included his young associate, the associate asked“what is a trial consultant?”. In some ways, this question takes me back to my early days in the trial/jury consulting business, and my attempts to craft an “elevator” speech to explain what we do. At that time, trial consulting was new