“[E]xperience is of all teachers the most dependable, and … experience also is a continuous process ….”–Justice George Sutherland
Persuasion. It is our mission as trial advocates. To make dusty, old facts palpable to the five senses. To organize our client’s disjointed claims and assertions into a compelling, logical argument. To tap into the elusive emotions that will not turn away from the injustice facing our client. A mission pursued by many, but mastered by few.
Remember your parent’s advice about crossing the street? Stop. Look. Listen. The same holds true for improving your trial advocacy skills. Stop getting lost in the daily tasks of litigation and start focusing on the art of persuasion. Look at the trial performances of others for what works and what doesn’t. And listen to the advice of others. With preparation and practice, you will become more effective.
“It cannot be denied, indeed, that there have been great lawyers, who were not great orators; as there have been great orators, who were not great lawyers. But it must be admitted at the same time, that, when both characters are united in the same person, human genius has approached as near perfection, as it may. They are kindred arts, and flourish best in the neighborhood of each other.”–Justice Joseph Story
Effective trial advocacy requires a careful balancing of facts, law, logic and heart. The amount of each may vary from case to case, but their presence is essential. To be more persuasive:
1. Be prepared.
2. Be the lawyer whom the judge will want to trust.
3. Be confident and communicate conviction.
4. Be consistent in your message and comprehensive with your proof.
5. Be yourself in style of delivery.