how to win an argument like a lawyer

by Prof. Cletus Tremblay Sr. 8 min read

15 Ways to Argue Like a Lawyer
  1. Question Everything and Everyone, Even Yourself. (via giphy.com) ...
  2. Open Your Ears Before You Open Your Mouth.
  3. Come Prepared.
  4. Try On Their Business Shoes. ...
  5. Trump Your Emotions with Reason. ...
  6. Don't Negotiate If You Have Nothing to Offer.
  7. Avoid the Straw Man. ...
  8. Use Their Strength Against Them.
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Sep 11, 2014

What makes a good argumentative lawyer?

Jun 15, 2015 · A lawyer’s ability to win an argument can be summed up by a few key skills: organising ideas and delivering them effectively. Keep your discussions on the right path by understanding exactly what you are debating and, no matter what strategies your opponent uses to distract, intimidate, confuse or shift the conversational ground beneath you, always bring the …

How do lawyers try to win a new case?

The above phrases can work for almost anybody. Example: Let’s say you’re a kid and your big sister tells you to go cut the grass—but you know it’s her turn. Tell her "I’D LIKE TO APPEAL THAT." In legalese, that means “applying to a higher court for a reversal of the decision.” In this case, you mean you'll take it to Mommy.

How do you deal with arguments in court?

Feb 01, 2022 · They want it to be easy. If you can convince the judge that the precedents are clear-cut and the argument unambiguous, they will be more ready to make a quick decision in your favor. The stern figure of the judge, with a unique combination of acumen and idiosyncrasies, could easily represent your audience.

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

Sep 17, 2019 · How to Argue Like a Lawyer - YouTube.

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Do lawyers actually argue?

Half of the time, lawyers are not arguing before a judge or with opposing counsel. They argue with their clients, bosses and co-workers. And sometimes they have to keep their mouths shut unless they want to get fired.Mar 23, 2016

Do lawyers think differently?

Most lawyers will readily agree that to “think like a lawyer” is to think differently than others. For some, this is unsettling because the rational, analytical processes one gains while learning to “think like a lawyer” can make them feel that their core values are being challenged or even changed.Sep 4, 2009

How do you win a good argument?

DoStay calm. Even if you get passionate about your point you must stay cool and in command of your emotions. ... Use facts as evidence for your position. ... Ask questions. ... Use logic. ... Appeal to higher values. ... Listen carefully. ... Be prepared to concede a good point. ... Study your opponent.More items...

How do you talk like a lawyer?

8:4911:16How to Speak like a Veteran Lawyer in 11 minutes - YouTubeYouTubeStart of suggested clipEnd of suggested clipSo when you speak and it's very hard to explain empathy and non verbals. But you're going to useMoreSo when you speak and it's very hard to explain empathy and non verbals. But you're going to use very soft friendly. Body language tonality and eye contact.

Can I be a lawyer if I am not smart?

You need good grades in high school so you can get into a good college or university. Then once you are there, you need a good GPA and good credentials so you can be competitive when you apply for the limited spots reputable law schools have open. So the answer is yes, you do need to be smart to be a lawyer.

How do you shut someone up in an argument?

Here are four simple statements you can use that will stop an argument 99 percent of the time.“Let me think about that.” This works in part because it buys time. ... “You may be right.” This works because it shows willingness to compromise. ... “I understand.” These are powerful words. ... “I'm sorry.”

How do you outsmart someone?

Here's How You Can Outsmart Someone In 5 Easy StepsSee In The Dark To Not Be In The Dark. Always be alert and informed to come up with the best strategy. ... Break Free From Your Own Shackles. ... Marry Your Opponent. ... Minimize Your Maximum Loss. ... Be Like The Hands Of A Clock. ... You'd Also Like To Read:Aug 25, 2021

What makes an argument successful?

A communicator making an argument should provide reasons that are sufficient to justify the acceptance of his or her conclusion. “There must be a sufficient number of relevant and acceptable premises of the appropriate kind and weight in order for an argument to be good enough for us to accept its conclusion.”Jan 6, 2018

Why is it so difficult to present a convincing argument?

Emotion makes it difficult for us to present a convincing argument. Negative displays of body language such as yelling, crying, sighing, eye rolling or name-calling is a waste of the mental energy required to win your argument . It fortifies your opponent’s psychological and emotional defences meaning that from this point, no matter how persuasive you are, you have already lost the battle.

What happens when you challenge someone's views?

A strong emotional response to someone challenging these views leaves us not only vulnerable to feelings of personal attack, but also not thinking clearly. This can lead to anger, resentfulness, jealousy, defensiveness or distress.

Who is Sarah Lynch?

About Sarah Lynch. Sarah is a writer, lawyer and founder & Editor-in-Chief of BucketOrange Magazine . Based in Sydney, Australia she enjoys wordplay, witticisms and spending time in obliging trees in Botswana. You can connect with her on LinkedIn. Disqus Recommendations.

Is subjective opinion objective?

Subjective opinions are not objective facts. No matter what strategies the opposing side uses to distract you from the main issue, or how tempting it is to draw in other connections, a good lawyer always brings the argument back to the original point. 2. Leave Emotion At The Door!

When it comes to making an argument, great lawyers rely on three traits: Tenacity, objectivity and outcome-driven strategy

The good news for you is that anyone can learn how to use these mental tools to win a debate. Read on, and you’ll be in with a fighting chance the next time you’ve got a bone to pick!

2. Stay Cool At All Costs

There is a good reason that lawyers have a reputation for being cold, emotionless creatures (sharks, if you will): This kind of objectivity is what allows you to make informed, balanced decisions.

3. Determine What You Want to Achieve Before You Start

Television lawyers are best known for issuing verbal smackdowns. Their fictional adversaries are left reeling, they strut back to their seats looking insufferably smug and their clients can’t seem to get enough of their witty one-liners.

How to be a lawyer?

1. Approach a problem from all angles. To see all the possible issues in a set of facts, lawyers look at the situation from different perspectives. Putting yourself in others’ shoes allows you to understand other points of view.

What does it mean to think like a lawyer?

Thinking like a lawyer also means not taking anything for granted. Understanding why something happened, or why a certain law was enacted, enables you to apply the same rationale to other fact patterns and reach a logical conclusion. ...

Why do lawyers need judgment?

Thinking like a lawyer also requires using judgment. Just because a logical argument can be made doesn’t mean that argument is good. Judgment is necessary to determine whether a given line of reasoning or conclusion is in anyone’s best interests or advances society as a whole, or if it’s destructive and dangerous.

What is deductive reasoning?

Deduce particular conclusions from general rules. Deductive reasoning is one of the hallmarks of thinking like a lawyer. In law, this pattern of logic is used when applying a rule of law to a particular fact pattern.

Who is Jennifer Mueller?

Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.

What are the parts of a syllogism?

Syllogisms consist of three parts: a general statement, a particular statement, and a conclusion about the particular based on the general. The general statement typically is broad and nearly universally applicable. For example, you might say “All dirty floors show negligence.”.

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.

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 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.

Why is it important to prepare yourself before a big show?

Hence, it’s important to prepare yourself before the big show so that you arrive on stage confident, collected and ready. “Your outside world is a reflection of your inside world. What goes on in the inside, shows on the outside.”. – Bob Proctor.

What does it mean when you are glossophobic?

Don’t worry, you’re not the only one with glossophobia (also known as speech anxiety or the fear of speaking to large crowds).

What is easy to do is also easy not to do?

As Jim Rohn says, “What is easy to do is also easy not to do.” And this is an underlying principle that will carry through in all aspects of communication. Distractions are a surefire way to ensure a lack of understanding or interpretation of a conversation, which in turn, will create inefficiencies and a poor foundation for communication.

How to calm your mind?

Meditate. Meditation is well-known as a powerful tool to calm the mind. ABC’s Dan Harris, co-anchor of Nightline and Good Morning America weekend and author of the book titled 10% Happier , recommends that meditation can help individuals to feel significantly calmer, faster. Meditation is like a workout for your mind.

How to make a strong argument?

Collect all the facts you can. You may not use them all, but the more you have, the more choices you have for creating a strong argument. Likewise, do not ignore facts that don't support your position. The other side may use those facts in their case. You must be ready to rebut them.

What is formal argument?

A formal argument is a course of reasoning aimed at demonstrating truth or falsehood. In preparing an argument for your grievance, you will do well to remember this definition. Note that the argument will be a "course of reasoning.". That means your argument will be based on logic, not emotion. It will be organized.

How to win a grievance?

If you want to win your grievance, you need to know what argument to use and how to support your claim. To be a good steward you need to be part detective and part lawyer. When you first learn of the grievance, you act like a detective. You question witnesses and gather evidence to make sure there is a grievance. Then comes a crucial decision.

What is the burden of proof?

The burden of proof. There are two sides to every argument: affirmative and negative. The affirmative position is the side which makes the "claim.". The negative position is one of rebuttal, refuting the claims or evidence of the affirmative. The burden of proof always rests with the affirmative position.

What is an example of a grievance?

EXAMPLE 1: The company has given Joe Average a disciplinary step for missing work. The company says that Joe has in fact missed more than the allowable time, but since everyone knows he has been going through a divorce, they have been easy on him.

Do grievances go to arbitration?

We are talking about a formal argument, not a disagreement. Not every grievance goes to arbitration, but you should always prepare your argument as though it will be heard by an arbitrator. First, a well-prepared argument is more likely to convince management that your case is strong. Second, you never know which cases will end up in arbitration, ...

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