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1) Why should I hire you over one of your
competitors?
Because Magnus has the qualifications, skills and credentials
to match or exceed those possessed by even the largest firms
in the industry. In fact, Dr. Melissa Pigott, Magnus' Director
of Research, is one of the foremost researchers in the country
in the field of jury psychology. To our knowledge, Dr. Pigott
is the only full time consultant who maintains an academic
style research and publishing program. This regimen places
Dr. Pigott at the forefront of psychological research on jury
decision making. In addition, while Magnus possesses the critical
requirements in terms of the skills, abilities and experience
necessary in a jury or trial consultant, given our size and
structure, we can be more flexible, more responsive, and more
client oriented than other firms in the industry. Magnus performs
its work with the utmost concern for professionalism toward
all participants, objectivity regarding all case details through
the use of scientific principles, and dedication to the ethical
performance of all consulting assignments.
2) Where do you find your mock jurors?
We hire a professional marketing research firm to recruit
the mock jurors. The jurors are jury eligible citizens in
the trial venue; they are not professional jurors. They are
recruited based on criteria developed by Dr. Pigott that reflect
jury composition and exclude "challenges for cause."
Specific cause challenges may be provided by the client and
incorporated into the recruitment criteria.
3) Can you help me with non-jury trials?
Research can be conducted to test a case before mediation,
bench trials or arbitration panels. Magnus recruits appropriate
fact finders. When it comes down to it, any fact finder, jury,
judge, mediator or arbitrator is a human being with emotions,
biases, attitudes and personalities that impact decisions.
As such, conducting mock bench trials or arbitration panels
is a logical preparation for trial.
4) Why do I need a jury consultant if
I settle all/most of my cases?
Magnus conducts a large amount of research prior to mediation
to assist in the assessment of settlement offers or demands.
Knowing what likely fact finders will decide is of great assistance
in making an educated decision about a settlement arrangement.
In addition, conducting research prior to mediation allows
the litigator to strengthen his/her case before making the
presentation to the mediator.
5) What type of clients use a jury consultant?
Magnus' clients are skilled litigators handling significant
litigation. Magnus has experience working on a wide variety
of cases (see Case Experience)
and working for both plaintiffs and defendants. The majority
of our work involves civil litigation; however, we have considerable
experience in the criminal law arena as well.
6) I am a commercial litigator; what does
a jury consultant bring to that arena?
Magnus has considerable experience working on commercial cases.
Commercial cases are often more complex and have longer histories
than tort cases. Magnus helps simplify, streamline, and clarify
case details that need to be presented to mediators, arbitrators,
or a jury. In addition, litigation in commercial matters is
sometimes seen as "a part of doing business" and,
given this philosophy, mediation is seen as the mechanism
to resolution to avoid courtroom surprises. Having insights
as to how jurors, or other fact finders (see FAQ #3), will
respond brings some measure of certainty to the process and
will help the commercial litigant evaluate the desirability
of a negotiating position and even the desire to proceed to
trial. Commercial litigation is also often between parties
with long working relationships or the desire to form long
relationships, but whom have come to a disagreement. Again,
with the understanding of the "upside or downside"
of continued litigation provided by jury research, commercial
litigants - business people can make business decisions about
resolving cases. Finding a win-win solution for the parties
indicates that the litigator and the consultant were successful.
7) What can be done on small cases?
Because Magnus offers custom designed research, we have the
flexibility to assist attorneys with what they consider to
be "small" cases. Magnus is willing to discuss consultation
on any case to determine how we may be able to assist within
a given budget. Particular attention should be given to cases
which fit a "pattern," that is, cases with similar
fact patterns for which "prototypical" research
can be conducted with the costs spread across a number of
cases. Furthermore, Magnus is available to prepare voir dire
questions, assist with jury selection, and "brainstorm"
when the attorney believes the case does not warrant jury
research.
8) What does jury research cost?
Magnus provides custom designed research methodologies, with
services available for all case types, from easily comprehensible,
relatively small cases to complex, large damages cases. Magnus
will provide written proposals containing case specific research
designs and fees upon request. Magnus strives to provide its
services at reasonable prices. Customized research programs
are designed with client input and Magnus' expertise. Magnus'
end product is both quality oriented and value based. The
costs involved in "quality" research can be significant,
and include the cost of juror recruiting and a significant
time investment of highly trained professionals before and
after the day(s) of actual research in the field. Considerable
time is spent in preparation, document review, questionnaire
development, data analysis, consultation with clients, and
report preparation. Research is an investment in information.
Just as companies test products before introduction to the
market, jury research allows attorneys to test their product
- a lawsuit - before taking it to the market or jury where
the attorney has only one opportunity to make the sale.
9) What, if anything, is the real value
of a jury consultant?
Jury consultants provide information and resources, as well
as ways to evaluate a case through the eyes of objective professionals.
Due to wide ranges of experience, education and professionalism
among jury consultants, there are misunderstandings about
the impact jury consultants can have on the trial team. Magnus
employs the scientific method to conduct research for our
clients. Discussions about the limitations of result generalizability
are incorporated to ensure that clients are achieving their
goals within reasonable budgets. The perspective and feedback
provided by a jury consultant can provide the edge to achieve
success in litigation, and can assure your client that you
are doing everything necessary on their behalf.
10) How much time is involved on a typical
case?
Typical project time, from start to finish, is four weeks
at a minimum. Very often, however, Magnus is retained on cases
months or years prior to trial. In such cases, Magnus provides
consultation or research services as a case is developed.
Magnus' involvement can result in time efficiencies for the
litigator in that we help him/her to focus on preparing the
case based on the key concerns of the fact finders. Magnus'
client, the litigator, must make a time commitment on the
project, typically including preparing materials for Magnus,
briefing the consultant, and making a presentation either
on videotape or live during the day of research. Wherever
possible, Magnus endeavors to minimize the attorney's responsibility
for the project, to make the process as effortless and efficient
as possible for our clients.
11) When do you conduct research?
Magnus is available to conduct research or consult at all
intervals of the "Case Life Cycle." Early on, we
may be retained to evaluate whether a case should be filed;
after a case is filed, we are involved in research that can
be of assistance during discovery; after discovery is underway,
research is conducted to evaluate the case prior to mediation;
and of course, we are often called upon prior to trial to
provide a "dress rehearsal." Some research can be
conducted during or after trial depending on the nature of
the case. The point to remember is that no matter where the
case stands, Magnus can provide valuable assistance: the Information
Advantage.
12) How can I convince my carrier/client
to pay for another litigation expense?
Clients often need education regarding how the expertise of
a jury consultant can assist them in the overall litigation
process. Without a doubt, litigation is expensive and clients
must evaluate the effectiveness of each expenditure. Effective
fact finder research can be one of the best investments in
a case because the information gained creates efficiencies
of time and energies. In addition, the enhancement of the
quality of decisions, while difficult to quantify, is real.
Thus, clients need to be informed of the benefits of the research
process. When necessary, Magnus is willing to meet or confer
with clients to explain our role in the process.
13) Is your work considered "work
product"?
Magnus is retained by and consults with the litigator. Our
work constitutes attorney work product in the same manner
as the work of other experts. Florida Statute 90.502 outlines
the Lawyer-Client Privilege in the state; other states' statutes
should be consulted as necessary.
14) What does a jury psychologist know
that an experienced litigator does not know? - or - Why do
I need a consultant if I am an experienced litigator, or have
one working on my case?
Lawyers are experts on the law; they know the client and they
know the case. Psychologists are experts on human behavior
and provide expertise on the "Human Dynamics" involved
in the litigation process. The perspectives of lawyers and
psychologists are unquestionably different. A consulting psychologist
provides a perspective that complements the skills and knowledge
of the litigator. Attorneys hire experts in many disciplines
to prepare a case. Psychologists provide knowledge that integrates
all of the Human Dynamics in the case, including issues relating
to experts, judges, attorneys, clients, witnesses, and juries.
Magnus does not replace the litigator; rather, it supplements
his/her skills in maximizing the outcome for his/her client.
15) Can you help me with my witnesses?
Magnus can incorporate witness evaluation into the research
process or create stand-alone witness evaluation research.
In addition, witness preparation services are provided to
assist witnesses, expert or fact, with their testimony. Witness
preparation services focus on teaching the witness to perform
effectively as a witness.
16) How do you ensure confidentiality
during research?
Through the use of written confidentiality agreements, reinforced
with verbal warnings, Magnus endeavors to do everything possible
to prevent mock jurors or other fact finders from breaching
confidentiality. Client identity is never divulged by Magnus;
thus, mock jurors never know which party has commissioned
the research.
17)
Why don't I ever see Magnus' consultants on TV or read quotes or comments from them when the media are covering high profile cases?
The answer is simple. Magnus has a strict "no comment" policy that prevents all of its consultants from cooperating with the media. There are no exceptions and here is why. First, suppose a consultant is generally available for comment, but all of a sudden cannot make a comment on a given case. Any media professional would know immediately that the consultant cannot comment because the consultant is involved in the case about which comment is not made. This "no comment" would then violate the confidentiality the consultant owes to the matter in question. Second, think about jury selection. The last thing a trial attorney and their client should want is for prospective jurors to notice a jury consultant present in the courtroom assisting one side of the case. It is the attorney, not the consultant, who should be "high profile". Thus, in the long run, media publicity benefits the consultant at the expense of the client.
18) I do mock trials by myself; why should
I hire Magnus?
While some attorneys conduct mock trial research "in-house,"
with or without the use of trained consultants, the benefits
of hiring an outside consultant are many. While these benefits
include allowing the consultant to "handle" all
the preparations in a turn-key fashion to take this pressure
off the trial team, the main reasons consultants are employed
are first, to allow them to provide objective, scientific
evaluation utilizing knowledge of psychological principles
as they apply to litigation; and second, to enhance the effectiveness
of the trial team. In other words, Magnus brings to your trial
team consultants with Doctorate degrees in Psychology who
are experts in human behavior and who have years of experience
in transforming research results into meaningful high impact
trial strategies.
19) Who argues the "other side" in mock jury research?
The answer to this question varies with each case. Often a
member of the trial team takes on this role, but in addition,
Magnus has consulting attorneys available to handle this role.
For further information about using one of Magnus' consulting
attorneys, click here. For pointers and tips
on role playing the opposition, or having a member of the trial
team do so, click here.
20) What is your success rate?
We measure success in many ways. We conduct client satisfaction
studies and interview our clients about how our analyses were
borne out in the results they receive at mediation or trial.
We also monitor client retention (repeat business) and referral
rates (new clients referred by existing clients). We are proud
to say we are doing well in all of these evaluations.
More technically speaking, it is scientifically impossible
to quantify a success rate for a litigation research consulting
firm. Just as it is impossible for attorneys to calculate
a valid success rate (for example, could any attorney calculate
whether he or she did better or worse than another attorney
would have with the same jury, case, & judge?), there are
no valid ways of deriving statistics on case outcomes.
A discussion of few other issues may help explain why such calculations are
not valid.
- There are so many variables involved in a case that it is not feasible to
test all of them in typical mock jury research methodologies, as a result we
concentrate on problematic issues.
- The opposition is simulated in the
typical research design and the case is abbreviated both as to issues noted
above, and the use of any witnesses.
- We are hired on cases with problem issues, facts, clients, etc.; the types
of cases we work on are not a random sample of all cases.
- We provide numerous recommendations in our reports, however, we have no
control over their implementation at trial.
- There are things no one can control, for example, rulings by the court,
actual performance of witnesses, the venire on a given day, etc.
- From a scientific perspective, there is no control group.
There is no way to measure the case outcome both with and
without the assistance of a jury consultant.
The job of a litigation research consultant is to minimize
uncertainties, test strategies, work through problems, and
evaluate likely outcomes. Once we are involved, the dynamics
of a case change, and we think for the better, based on the
metrics described above. It is for these reasons that no consultant
who is a legitimate research scientist will quote a success
rate; indeed, the American Society of Trial Consultants, asserts
that quoting success rates is an ethical violation of its
canons.
Reasons that Using Magnus is Imperative
- To gain the competitive advantage. The legal market is competitive, more so than ever. In today's environment, attorneys need all the expertise available to enhance trial preparations.
- To ensure that you are doing all that you can for your clients.
- To gain knowledge and insight that is not available from any other source.
- To build and maintain an uneven playing field with regard to your opposition.
- To improve your litigation successes - and minimize negative results.
The Bottom Line: Jury or Fact Finder research ensures that the attorney has done everything possible to aid a client prior to mediation or trial.
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