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 your audience. . . .
Lead with your strongest argument. . . . Grab your listener’s attention [...]

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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 information with one another in an effort to find a solution, and facts are more persuasive than [...]

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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 and do the same, with opposite legs. If she touches her face, wait a beat or two [...]

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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 credibility . . . .
2. Frame for common ground . . . .
3. Provide evidence . . [...]

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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 far.
Give in to sudden inspiration.

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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 all of them relate to focusing on the person you are trying to persuade [...]

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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 they never tend to respect their thoughts, likes and dislikes.
To assume that others have the same attitude, [...]

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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 old ‘give and take’ scenario – if I do this for you, will you do something for me? [...]

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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 and Mark Mazzetti write (excerpt):
Some of the study participants argue that interrogation should be restructured [...]

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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. Start at the above link to page through advice on the need for [...]

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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 the first few may be the most valuable to you at this time. [...]

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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 presentation:
1. Known facts-what happened?
2. Reasons-why did it happen?
3. Credible witnesses-who should be believed?
4. Supportive details-how can we [...]

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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 light of applicable law and rules of evidence and procedure.
Lubet, supra, at 1-2, explains:
“But [...]

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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, charts and the like.
3. KISS. Be accurate. Be fair. Be clear.
4. Proof read and edit.
5. Go [...]

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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 visually was at 85% after 3 hours and at 65% after 72 [...]

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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.
***
“. . . [P]ersuasion often rests on the accumulation of supportive details. An essential aspect of [...]

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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 ideas]. Restate them. Then repeat them again. Then think of ways to restate them [...]

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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 that people tend best to remember those things that they hear first and last. Following this [...]

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Start strong.
McElhaney, supra, at 40, expains:
“All things being equal (which they never are), what you hear first, you are more likely to accept as being true . . . .”
Lubet, supra, at 35, says:
“The doctrine of primacy tells us that the trier of fact will pay maximum attention to the witness at the [...]

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Herbert Stern refers to four Laws of Persuasion in his Trying Cases to Win. These Laws are Primacy, Recency, Frequency and Vividness. They form the building blocks of persuasion in the courtroom, and their value has been recognized by trial advocacy commentators for years.

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