Jury consultant should be smart, but act clever

1
Jury consultant should be smart, but act clever

• BY
• http//www.magnusweb.com/

2
Melissa Pigott Point of View A long time ago,
when I first began my career as a jury
consultant, my very tough minded boss told me
something that has always resonated with me as I
have pursued my long career. He said, The
clients know you/we are smart, after all, we all
have Ph. D.s, but what you/we must always prove
to them is how very clever you/we are. Being
smart, but acting clever, is something that
doesnt come easily to some people, but it is
this distinction that often sets apart those of
us who are successful at what we do from others
who are less willing or able to reveal their
cleverness to other people, most important,
clients. Our clients have numerous choices of
whom to hire for help the field of jury/trial
consultation has grown exponentially over the
decades I have been working. Something must be
unique about the person(s) who provide the
services to the clients. It can be a unique way
of looking at the world the ability to analyze
and interpret conflicting data (and the
understanding that data is a plural word!) or
a take charge personality that communicates a
willingness to help the client in ways no one
else can help. If I, as a highly intelligent,
highly educated person, cannot do and say clever
things that communicate I know something you
dont know to my clients, then there is no
reason they should retain my company and me
instead of all of the other people who would love
to perform their consulting work. In the words of
the late owner of a famous steak house chain, it
is the sizzle that makes the steak.
3
David H.Fauss Point of view Being clever as a
trial consultant requires the ability to view the
case issues from perspectives beyond those of the
clients. Time and time again clients tell us
they had never thought of their cases in the ways
we helped them see the case. These clever
insights come from being attuned to both the
reactions of the fact finders, which are usually
mock jurors, as well as to knowledge and
experience from other cases with other clients.
And, very importantly, by being tuned into the
bigger picture. One way to do this is be well
read, both in professional journals, but also in
the news of the day. Being aware of how our
clients cases may be impacted by outside forces
or other events helps put the instant case in
perspective. Lawyers usually come to trial
consultants with plenty of experience and legal
expertise sometimes the trial teams are huge.
But, as probably happens in non legal work also,
the people closest to the issue get tunnel
vision. As consultants we use data and other
expertise to help provide a broader perspective.
Over the years we have interviewed and sometimes
hired very intelligent, well educated people, who
perhaps had their own tunnel vision they were
too academically oriented. So, the key to
success is to be clever, and smart. And, show
it. Melissa ends talking about sizzle, and I
agree, but I will add there must be substance
behind that sizzle. Thus, the caveat, there are,
unfortunately those who only sell the sizzle,
without having the substance they are to be
avoided.
4
Author Bio The writers Melissa Pigott and David
H. Fauss are the co-founding partners of Magnus
Research Consultants, Inc., and Magnus Graphics,
Inc. Magnus Research provides jury research and
trial consulting services for civil and criminal
litigation. Magnus research is customized, on a
case specific basis, to maximize the results of
litigation. Magnus scientifically evaluates
jurors or fact finders (arbitrators, mediators)
responses to case issues by using attitude
surveys, jury focus groups, mock trials, and mock
arbitrations to develop case strategies, themes,
voir dire questions, and more. Voir dire
consultation and witness preparation are also
available. Magnus provides Insights for
Successful Litigation. Magnus has worked on
cases throughout the United States, in both
federal and state courts. The Magnus team takes
pride in providing quality work. Please visit
www.magnusweb.com for more information.