Powers of persuasion: how you argue will affect whether the judge sees things your way

Article Abstract:

Many lawyers lose motions by creating arguments with the judge rather than to the judge, forcing judges into the role of opponents. The better way to win motions is to offer facts early on, when many judges make up their minds, and to do so briefly and in clear language tailored to the individual judge. Short, memorable statements or memos will get attention and stick in the memory. Judges consider cases theirs, not the lawyers', and they do discuss lawyers among themselves.

Analysis, Persuasion (Rhetoric)

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Over-the-top arguments; lawyers can cause trouble for themselves by going too far

Article Abstract:

Trial lawyers may have a difficult time persuading angry clients who like their lawyer to play it rough that they can almost guarantee posturing, angry witnesses who destroy their cases and can make settlement impossible. Calling in another lawyer or other consultant familiar with this sort of case may help convince such a client of reality. The "adversary" system itself at times makes lawyers think that they are doing their job better the more adversarial they are.

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Judge trials; litigation techniques for trying the case to the court

Article Abstract:

Attorneys need to alter their methods of argumentation in trials without juries. Judges often complain that lawyers don't argue the whole case to them. Attorneys need to be complete, making full opening and closing statements. Lawyers also should heed the rules of witness order and remember that the 'jury' in a bench trial cannot see the face of the witness. Overall, attorneys need to guard against an overly casual atmosphere impeding their clients' rights.

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