how to beat a lawyer in an argument

by Iva Nolan 4 min read

Lawyers can’t become emotionally attached to every case. They must rely on logic and reason to convince the other side. In any heated argument, instead of focusing on your anger, stay calm and use your head. Stick to the facts and if you’re correct, you’ll come out on top.

Full Answer

How do lawyers argue a court case?

Apr 28, 2013 · One of the most important weapons in a lawyer’s arsenal is “argument”. The word “argument” engenders visions of debate, the heat and fury of positions attacked and defended strongly, though with words. That may happen of course, in today’s litigation, but generally the arguments which win cases are not replete with drama, sound or fury.

How do you deal with arguments in court?

Answer (1 of 35): I’m going to try to answer what you intended and not what you actually wrote. I think what you intended is “Why is it so frustrating to argue with a lawyer?” Because in response to what you actually wrote “Why is it so hard?” I had …

How do you win an argument?

May 25, 2015 · Just as a good lawyer presents assertions backed up by case law, you should argue with solid facts that support your conclusion. Your conclusion is only as good as your premises. If your premises are based on faulty logic or a misreading of facts, then you’re not going to get anywhere with an Aries.

Do you need a law degree to argue like an attorney?

Jun 01, 2004 · Nonhazardous violations. You have two options: Option 1: You can file a “certificate of correction” form with the DOB. In it, you admit that the condition or conditions causing the violation existed, and you sign a statement that says you corrected the condition (s).

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Are lawyers good at arguing?

Do lawyers have to be good at arguing? Yes, law students have to be good at arguing, but most law students do not have to be good public speakers. If you are new to law school or have not been yet, you might be surprised to find out that many lawyers never actually appear in court.

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

What do you do when you disagree with your lawyer?

If you do not agree with your lawyer's advice, let them know, and listen to their explanation. If you aren't satisfied with the answers, ask another lawyer for a second opinion. You may also consider hiring another lawyer, although that may delay the resolution of your case.

Can a lawyer trick you?

Some lawyers play a trick on plaintiff's lawyers by making arguments that require the plaintiff to amend the case so that he or she spends an exorbitant amount in legal fees at the very early stages of the case.Aug 5, 2016

Why do lawyers ignore you?

There's bad news your attorney doesn't want to deliver. If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.Mar 29, 2021

How do you know a bad lawyer?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.Aug 19, 2020

Why do lawyers ignore their clients?

One of the most common examples of an attorney ignoring their client's wishes is when they decide to settle their client's claim without their permission. If an attorney acts against their client's wishes because they believe they are not being practical, their client may also have a case of malpractice.Oct 5, 2021

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

How do you know if a lawyer is scamming you?

Some common signs of a scam include:Payment needs to happen quickly. You can't ask questions or get clarification.It's an emergency. Someone may threaten you or your loved ones.Requests for money usually happen over text, email or phone.The person contacting you is not someone you recognize.Mar 29, 2021

How do you answer a lawyer question?

Listen carefully to the questions you are asked. If you don't understand the question, have it repeated, then give a thoughtful, considered answer. DO NOT GIVE AN ANSWER WITHOUT THINKING. While answers should not be rushed, neither should there be any unnaturally long delay to a simple question if you know the answer.Apr 22, 2015

Can I remain silent in a deposition?

“You have the right to remain silent.Nov 25, 2013

How to win over an opponent?

Ridicule and humiliate your opponent. This can be very effective in front of an audience but will never win over the opponent himself. Deliberately provoke your adversary. Find something that makes them angry and keep wheedling away on this point until they lose their temper and so the argument. Distract.

What is the best way to belittle an adversary?

Advertising. In front of an audience, you can use all sorts of theatrical and rhetorical devices to bolster your case and belittle your adversary. In these circumstances, humor is a highly effective tool so prepare some clever lines in advance. Advertising.

How to win a battle in chess?

You can appeal to their higher values. You can exploit their weaknesses by turning their arguments back on them. Look for a win-win. Be open-minded to a compromise position that accommodates your main points and some of your opponent’s.

What to say when your adversary makes a valid point?

If your adversary makes a valid point then agree but outweigh it with a different argument. This makes you looked reasonable. ‘I agree with you that prison does not reform prisoners. That is generally true but prison still acts effectively as a deterrent and a punishment.’. Study your opponent.

What to do when you lose your temper?

If you lose your temper – you lose. Use facts as evidence for your position. Facts are hard to refute so gather some pertinent data before the argument starts. Surveys, statistics, quotes from relevant people and results are useful arguments to deploy in support of your case. Ask questions.

What to do when you finish a speech?

But when you finish delivering your speech or presentation, give yourself some recognition and a pat on the back. You managed to finish whatever you had to do and did not give up. You did not let your fears and insecurities get to you. Take a little more pride in your work and believe in yourself.

How to stay hydrated before a speech?

To prevent all that, it’s essential we stay adequately hydrated before a speech. A sip of water will do the trick. However, do drink in moderation so that you won’t need to go to the bathroom constantly. Try to avoid sugary beverages and caffeine, since it’s a diuretic – meaning you’ll feel thirstier.

What is the most important weapon in a lawyer's arsenal?

One of the most important weapons in a lawyer’s arsenal is “argument”. The word “argument” engenders visions of debate, the heat and fury of positions attacked and defended strongly, though with words.

Who said a judge is like an ill tuned cymbal?

Even though quite a long time back Francis Bacon, then Lord Chancellor, commented about garrulous Judges that a much-talking Judge is like an ill-tuned cymbal, in real life they are the norm.

How to make your opponent less persuasive?

Make eye contact when a conversation starts. When your opponent begins speaking, make sure to maintain eye-contact while they’re talking. This is scientifically proven to make your opponent less persuasive, which means that you’ll have the upper hand when it comes to providing counter-arguments.

How to debate a person?

1. Have your opponent explain their thoughts first. You should ask open-ended questions that encourage them to explain their thought process and their argument. You can’t accurately debate someone without first understanding why they think the way they do, or even what their entire argument is.

How to get your opponent to trust you?

Mirror your opponent’s body language. You don’t want to be obvious about it, but subtly mirroring your opponent is a good way to get them to trust you, and thus make them more likely to listen to what you have to say. If the person that you’re debating is sitting cross-legged, try copying them as subtly as you can.

How to develop trust with your opponent?

Before launching into your own counter-argument, make sure to paraphrase their own back to them from what you understand them to have said. This is an easy way to develop trust with your opponent, because it proves that you were listening to them in the first place instead of just waiting to get your argument in.

What does it mean to end a statement with affirmations?

Ending your statements with verbal affirmations will prompt your opponent to see things from your point of view, and end up agreeing with your points. Ending your statement with things like “…wouldn’t you?” or “…isn’t it?” will make your opponent more likely to concede to your arguments.

What happens when you lower your voice?

Be expressive. But stay calm and carry on. Anger makes you less appealing ,” adds Wyeth. When you lower your voice, it will make people more at ease and trusting. This is key to getting people to be persuaded to your point of view. 9.

Can you stand your ground in an argument?

Fortunately, science has come through with a way for those of us who can’t seem to stand our ground to win in an argument. If you’re not naturally good at debating, these tricks can help you become better at arguing and even help you win the argument and help people see your side of things.

How to calm an argument?

Put the argument on pause for a moment by breathing in through your nose and slowly letting it out through your mouth. Use this break to recenter yourself. Imagine your anger flowing out of your body along with your breath. As you breathe in, silently remind yourself that this isn’t personal.

How to make a logical argument?

If the answer is yes, then your audience will follow your logic, as well. Plan out your argument ahead of time and write an outline. This is the best way to make a logical, step-by-step case. Structure your argument like an essay. First, introduce your topic and position, then present at least 3 pieces of evidence.

What happens when you make emotional arguments?

If you make emotional arguments that are about what you believe or feel, your opponent will quickly be able to come out on top. If your argument is full of “I” statements, your opponent may ask why people should trust your opinion. To avoid having to defend yourself in this way, keep the argument from being about you.

Why do people make arguments?

People make arguments to defend their standpoints while also showing that their opponent’s argument is flawed in some way. To win arguments, be prepared to use evidence to show why you’re right. You’ll also need to expose the weaknesses in your opponent’s argument.

How to write a persuasive argument?

First, introduce your topic and position, then present at least 3 pieces of evidence. Allow your opponent to respond. Finally, conclude by disputing (or rebutting) their points. Even if you can’t make a written outline of your argument ahead of time, you can still take a minute to organize your case.

How to diffuse emotion and bring logical reasoning back into an argument?

There’s almost always some point of agreement between 2 sides. To diffuse emotion and bring logical reasoning back into an argument, find that agreement. You can then tell your opponent that you agree with them on some points, but that you differ on others.

How do counter arguments work?

Counter-arguments respond directly to points made by your opponent. This is the most effective way to decisively win arguments. Counter-arguments (or rebuttals) are most powerful when they identify specific details in your opponent’s case that don’t make logical sense.

What is the job of a prosecutor lawyer?

The Prosecution lawyers job is to undermine the arguments of the Defense lawyer. That is, the lawyer’s job is to look for flaws in the argument as against assessing the evidence , and to that extent an articulate lawyer will likely win an argument without proving a case. It is not a good idea to argue with lawyers.

What to do if you cannot agree on the interpretation?

If you cannot agree on the interpretation at first, agree on the method on how to come to agreement on the interpretation. That’s it. If you ever read a legal document or contract, you might wonder why it has so many pages. But a good legal document is written in the shortest form which avoids ambiguity.

How to know if a case is covered by an existing law?

If you understand law, things are not that difficult. First you find out if your case is covered by an existing law. If so, facts, interpretation, no ambiguity. If not, see if there is a similar case covered by an existing law (jurisdiction). If so, facts, interpretation, no ambiguity.

Can a lawyer argue with you?

It is not that only lawyers can do this, but that lawyers are trained and have lots of practice. In most cases a lawyer has some notice that an argument is coming and will prepare for it. By the time they argue with you they will have studied the facts, the law, and everything that might be relevant.

Do lawyers have to believe the truth?

Lawyers also have to have a strange relationship with the truth. In many cases it ’s clearly not possible for two sets of contradictory evidence to be true, yet lawyers representing both sides have to act as if it is and, if pushed, will say that they have to believe what their client claims.

Is it hard to win an argument with a lawyer?

This may not be true for a person who is not a lawyer. Thus it may become hard to win an argument with a lawyer. Lawyers sometime intentionally use “straw man” tactic to win an argument which many people cannot not readily recognize. It’s not.

Do lawyers see conflict as a problem?

Most people see an argument as a “conflict,” don’t enjoy conflict and try to avoid it. Lawyers, on the other hand, don’ t necessarily see it as conflict, but even if they do, have no problem with conflict and actively look forward to it. They usually have a purpose.

What should a lawyer argue with?

Just as a good lawyer presents assertions backed up by case law, you should argue with solid facts that support your conclusion. Your conclusion is only as good as your premises. If your premises are based on faulty logic or a misreading of facts, then you’re not going to get anywhere with an Aries.

What is the worst thing you can do?

The worst thing that you can do is to give in. When you give in, is that they look at you as a pushover. They look at you as somebody who can always roll over time and time again. When you establish a relationship by putting up a fight and just really calling them out in their shenanigans, you earn their respect.

What happens after you put up a wall?

Now, after you put up a wall, this person will probably be licking his wounds. This person will probably be emotionally curled up in a ball and just trying to recover.

Do you get respect if you say no?

However, you will get their respect if you just call them out on it if you say no. The more you say no, the more respect they will give you.

What to do if you get a violation from the DOB?

Nonhazardous violations. You have two options: Option 1: You can file a “certificate of correction” form with the DOB.

What are some examples of DOB violations?

For example, the DOB issued two violations to an owner—one for violating a law banning illegal alterations involving change in occupancy, and the other for violating a law barring change of occupancy or use that’s inconsistent with the last issued certificate of occupancy for the building.

What happens if a violation notice is incorrect?

If the violation notice incorrectly states when the violation occurred, you should be able to get it dismissed. For example, the DOB issued a violation to an owner, stating that the violation had occurred on July 1, 1988, which was four years before it sent the owner the violation notice.

Can a DOB issue more than one violation?

The owner challenged the second two violations, claiming that they duplicated the first. The ECB ruled for the owner. Although the DOB can issue more than one violation for a hazardous condition that remains uncorrected, it must give the owner a chance to correct the condition before it issues another violation.

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Do

  1. Stay calm.Even if you get passionate about your point you must stay cool and in command of your emotions. If you lose your temper – you lose.
  2. Use facts as evidence for your position.Facts are hard to refute so gather some pertinent data before the argument starts. Surveys, statistics, quotes from relevant people and results are useful ar...
  1. Stay calm.Even if you get passionate about your point you must stay cool and in command of your emotions. If you lose your temper – you lose.
  2. Use facts as evidence for your position.Facts are hard to refute so gather some pertinent data before the argument starts. Surveys, statistics, quotes from relevant people and results are useful ar...
  3. Ask questions.If you can ask the right questions you can stay in control of the discussion and make your opponent scramble for answers. You can ask questions that challenge his point, ‘What evidenc...
  4. Use logic.Show how one idea follows another. Build your case and use logic to undermine your opponent.

Don’T

  1. Get personal.Direct attacks on your opponent’s lifestyle, integrity or honesty should be avoided. Attack the issue not the person. If the other party attacks you then you can take the high ground e...
  2. Get distracted.Your opponent may try to throw you off the scent by introducing new and extraneous themes. You must be firm. ‘That is an entirely different issue which I am happy to …
  1. Get personal.Direct attacks on your opponent’s lifestyle, integrity or honesty should be avoided. Attack the issue not the person. If the other party attacks you then you can take the high ground e...
  2. Get distracted.Your opponent may try to throw you off the scent by introducing new and extraneous themes. You must be firm. ‘That is an entirely different issue which I am happy to discuss later. F...
  3. Water down your strong arguments with weak ones.If you have three strong points and two weaker ones then it is probably best to just focus on the strong. Make your points convincingly and ask for a...

Some Sneaky Ways to Consider

  1. Use punchy one-liners. You can sometimes throw your opponent out of his stride by interjecting a confident, concise clichĂŠ. Here are some good ones:
  2. Ridicule and humiliate your opponent.This can be very effective in front of an audience but will never win over the opponent himself.
  3. Deliberately provoke your adversary.Find something that makes them angry and keep wheedl…
  1. Use punchy one-liners. You can sometimes throw your opponent out of his stride by interjecting a confident, concise clichĂŠ. Here are some good ones:
  2. Ridicule and humiliate your opponent.This can be very effective in front of an audience but will never win over the opponent himself.
  3. Deliberately provoke your adversary.Find something that makes them angry and keep wheedling away on this point until they lose their temper and so the argument.
  4. Distract.Throw in diversions which deflect the other person from their main point.

How to Have A Productive Argument

  • Besides the dos and don’ts from above, here’s an infographic that explains how to have a productive argument at work:
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The Bottom Line

  • Remember that an argument between two people is very different from a debate in front of an audience. In the first, you are trying to win over the other person, so look for ways of building consensus and do not be belligerent in making your points. In front of an audience, you can use all sorts of theatrical and rhetorical devices to bolster your case and belittle your adversary. In thes…
See more on lifehack.org

More Tips on Conflicts Management