McElhaney on Litigation reminds us that the point of cross examination is to tell the jury your side of the case. Jim McElhaney writes (excerpt): “Because,” said Angus, “trying to argue the case gets in the way of your most…
Eight principle of persuasion: getting what you want
New Scientist teaches lessons from the science of persuasion. Dan Jones and Alison Motluk write (excerpt): Persuasion is a key element of all human interaction, from politics to marketing to everyday dealings with friends, family and colleagues. “Persuasion is a…
Scalia’s “Making Your Case”: Rules of persuasion in court and in life
Business Week puts a little spin on U.S. Associate Justice Antonin Scalia and editor-in-chief of Black’s Law Dictionary Bryan Garner’s “Making Your Case,” picking out 10 rules of persuasion that apply in the courtroom and beyond. Carmine Gallo writes(excerpt): Know…
Using intellective and judgmental persuasion to win your case in court
The ABA’s Litigation Update distinguishes between the two ways decision makers approach problems. Harry Plotkin writes (excerpt): When humans—especially in groups—are asked to solve intellective problems that have right and wrong answers, they utilize informational processing. They share facts and…
Simon says: Persuading with pleasure
The New York Times explains how mimicry aids persuasion, if well done. Benedict Carey writes (excerpt): The technique involved mirroring a person’s posture and movements, with a one- to two-second delay. If he crosses his legs, then wait two seconds…
The power of persuasion in the courtroom . . . or the diner or workplace or home or . . .
The Statesman Journal discusses waitressing, leadership and mimicry. The article includes a summary of the 4 stages of persuasion. Dick Hughes writes (excerpt): Author Jay Conger, writing in the Harvard Business Review, postulates four essential stages to persuasion: 1. Establish…
Turning winning in court upside down
James W. McElhaney highlights how to make a losing argument. He discusses seven methods: Argue with the judge. Bury your argument in clutter. Misstate the facts. Base your argument on obscure technicalities. Read your argument. Push a good point too…
“Win Others Over” without coercion
The News Journal summarizes wooing to win [“The Art of Woo: Using Strategic Persuasion to Sell Your Ideas” by Wharton professor G. Richard Shell and management consultant Mario Moussa] (excerpt): The word “woo,” the authors note, has many meanings, but…
To persuade a judge or jury, value and respect
American Chronicle tries to establish the mind set for persuasion. Pradeep Aggarwal writes (excerpt): Basic Rule of persuasion: Never Assume or Disrespect This is the most common mistake that people generally make. They want others to listen to them but…
Principles of persuasion to apply in negotiations and in court
PR-GB.com summarizes “Influence: The Psychology Of Persuasion” by Robert Cialdini. Robin McKay writes (excerpt): Reciprocity People are more willing to comply with requests (for favors, services, information, concessions, etc.) from those who have provided such things first. This is the…
Choosing classy over amateurish
The New York Times reminds us of our ability to conduct classy cross examinations and of the value flowing from preparation. The article highlights the “outmoded, amateurish and unreliable” interrogation techniques used by the Bush administration’s intelligence agencies. Scott Shane…
How to present a trial story that’s good
This American Life inadvertantly provides trial advocacy advice in its “comic book” RADIO: AN ILLUSTRATED GUIDE,” by Jessica Abel and Ira Glass. This glimpse into the making of a great radio program shares ideas about story, narrative structure, and interviewing.…
Putting it All Together
The final step is the art of putting it all together. There are many possible variations for organizing an argument, and there is no one formula for success. Obviously, these materials have touched on a quite number of considerations, but…
Getting Organized
Organizing the content of the story can be a real challenge. The starting point should be your theme and theory of the Case. Next consider the elements of a persuasive story and use them as a checklist for preparing a…
Structuring Arguments
Each party entering the courtroom will bring a trial story, a competing version of the facts and circumstances that led to the case being filed. The one who will succeed is the one who presents the most persuasive story in…
Top 10 Tips for Demonstrative Evidence
1. Focus on the heart of your case. Find ways to illustrate your theme and theory and the most important points. 2. Brainstorm about ways to show the things you intend to argue. Learn about spreadsheets, bullet points, tables, graphs,…
The Big Picture
Simply put, Show and Tell works. It works better than just telling, better than just showing. We gain more information, and we lose it much more slowly. The most frequently cited study showed that recall of information presented orally and…
Vividness
Use details to support your theme and theory, including the important facts that are in dispute, the motivations of parties and witnesses, and the meaning of contested evidence. Lubet, supra, at 326, 421, explains: “. . . [D]etails add credibility.…
Frequency
Repeat important points in new ways. Lubet, supra, at 26, 41, explains: “Important points should be repeated . . . to increase the likelihood that they will be retained and relied upon by the trier of fact. *** “Repeat [essential…
Recency
End strong. McElhaney, supra, at 40, says: “All things being equal (which they never are) . . . what you hear last, you more easily remember.” Lubet, supra, at 25, explains: “Primacy and recency refer to the widely accepted phenomenon…