Final Argument #1 - Argument wraps it all up with a bow

Your goal is to persuade, not to summarize

This episode kicks off the Final Argument series of posts. It's an opportunity to review what we've covered and to show how it all fits together. I have seen an excellent argument successfully wrap up a mediocre trial performance. So, all is not lost just because counsel have completed the evidence phase of the hearing.

Counsel start to draft their final argument after the initial intake interview and modify it repeatedly as facts arrive, countervailing positions emerge, and doubt enters the picture. As the trial begins, counsel often present opening statements to alert the decision-maker about the case and where the issues arise for resolution.

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Any argument – whether on a motion, at a trial, or on appeal – should follow a script. There are reasons for this. Persuasion is not a recent science. The Greeks (think Aristotle) ran entire schools of rhetoric before the rise of the Roman Empire, apparently after such schools popped up in China (think  Confucius).

The root of the common goal is the audience, not the speaker.  What does the audience require to come around to the speaker's point of view (POV)? If you are addressing someone who agrees with you, your goal is to keep that someone in line. In effect, you defend against attacks by the opposition.  You play offence if you are addressing someone who leans against your POV. You must take the ground already occupied by your opponent to succeed.

Most often, you are not sure where your decision-maker stands. Maybe there were clues along the way, but even senior, experienced counsel are rarely 100% confident in what the judge thinks. In that case, you should play both offence and defence.

This series of episodes will cover the topics that make up the basic formula for a successful, persuasive presentation. As we cover these subjects, we will refer to the techniques already presented to show how argument interacts with evidence and tactics used before (analysis and preparation) and during the hearing or trial (examinations).

·        The hook. This is the opening line or thought that conveys your theme and alerts your audience to the idea – the message – that cements your argument.

·        The roadmap. This is the paragraph that informs your audience as to how you will lay out the presentation. The audience can follow along and won't interrupt when they expect you to cover the subject later.

·        The body of your presentation. Here, we will present the meat of an argument based on Justice John Laskin's famous 'Point First' method.

·        The Call to Action. This phrase comes from public speaking. It has the speaker wrap the theme up with a bow while answering the question, 'What should you do about this?'.

This episode is the introduction to the series and is not protected by a paywall. The following episodes will assist lawyers and students who make presentations to an audience, whether to a judge, a tribunal, a law professor, or to room full of prospective clients. Consider subscribing to learn and practice the techniques of successful argument.

And here is a short podcast to discuss this technique, with the transcript here.