The first rule of persuasion is personal advocacy. We want the judge to believe that: (1) we know the most about this case and (2) we will not deceive the Court. See H. Stern, Trying Cases to Win (1991).
James McElhaney, McElhaney’s Trial Notebook 144 (4th ed. 2005), puts it this way:
“Underlying every trial is a simple progression:
I am honest.
You should believe me.
I believe in the justice of my client’s cause.
Therefore, you should decide for my client.”
Thomas Mauet, Trial Techniques 18-19 (5th ed. 2000), agrees: “Influence is largely a function of credibility, and credibility is largely a function of the sender’s personal attributes. People develop opinions about others quickly, often within a few minutes. Three principle characteristics of credibility are trustworthiness, expertise, and dynamism.”