How to Be More Persuasive

PERSUASION

Who is persuasive & why?  Some attorneys think persuasion is just a matter of telling a judge how you think the facts should be applied to the law.  This is part of your job, but consider this analogy:  You can't push a string--you must pull it.  Someone can't force you to be persuaded and you can't force others to be persuaded. 

   "A person persuaded against his or her will is of the same opinion still."

Here is how you can be more persuasive:

1--The first step is preparation--you must a) know the facts;  b) know the law and c) develop a logical analysis of how the facts apply to the law. 

2--The next step is to anticipate the arguments of your opponent.

3--Third, put yourself in the position of a neutral judge.  What is the most logical, fair thing to do using common sense as a guide?  Answering this question requires lawyers to stop being an advocate.  This is not easy because can we get very passionate about our client's position.  However, the most persuasive attorneys that I have seen use what I call a "suggestion technique."  They briefly argue their case, then say, "Your honor, may I suggest that you..." Or say, "One approach to handling this might be to...."  Then, insert your conclusion as to the "logical, fair thing to do using common sense as a guide" which would be in your client's favor.

4--Consider how to get the judge's attention during your argument.  There are many distractions during an argument: noise, people coming or going, maybe some other case or personal matter affects the judge's concentration.  Writing on a large pad attached to an easel is the cheapest way.  Having a foam board with timeline printed on it is more expensive--$200 to $400.  A powerpoint is good also, but sometimes tough to set up on a motion calendar, but worth the effort if it is an important motion.  Electronics present special problems.  I used a powerpoint in a motion but because my screen resolution was higher than the Court's vga system, the judge only saw 2/3 of each slide on his screen--a problem I hadn't anticipated.

5--Finally, it is easiest to persuade someone with whom you have 1) a relationship 2) who trusts you and 3) respects you.  As our community grows, we have more and more judges.  Fewer and fewer were lawyers you may have practiced against and with whom you had a working relationship. However, you can easily develop the trust and respect of a judge by merely being honest.  Some attorneys either don't care or don't realize that disingenuous arguments (part is true and part is not true) are transparent.  If you say the case holding is X or that the facts are Y, and if you are careful to lay it out without stretching, you will develop trust and ultimately respect.