how to win arguments like a lawyer

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

1. Don’t Get Distracted Good lawyers win arguments not by muddying the waters, but by sticking to one or two key issues and refusing to deviate from them. ...
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 ...
3. Determine What You Want to Achieve Before You Start

Do lawyers know how to argue?

Because lawyers not only understand how to argue a point; they also know how to win the point. The good news is that presenting an effective argument is a learned skill that has little to do with formal legal training, and a lot to do with a few practical strategies. So what is the secret to winning an argument?

How do you write a good argument in court?

Words are like currency for lawyers, so spend yours wisely. Keep your argument clear and simple, and make your point quickly. 4. Steer clear of your feelings Emotion is subjective and clouds your judgement which is why lawyers leave it at the door when entering the courtroom.

What makes a good lawyer?

Lawyers stick with the topic. 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!

How do lawyers deal with their opponents?

Even if lawyers are provoked, or are emotionally connected with a particular subject, they do not allow their opponent to use it to their advantage. It gives them the ammunition they need to focus their own strategy, distract you from your core objective and, ultimately, win the argument.

How do you instantly win an 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...

Do lawyers need to be 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.

How do I speak like a lawyer in court?

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.

What are lawyers scared of?

Being judged unfairly by potential or actual jurors. Being intimidated by judges. Suffering reprisals from judicial disqualification motions or reporting judicial misconduct. Suffering “the pain, humiliation and shame of defeat.”

How do lawyers argue well?

Laws Of Conversation: How To Argue Like A LawyerIdentify The Issue And Don't Deviate From It. Recognise the main point of discussion and stick with it. ... Leave Emotion At The Door! Emotion will never win an argument. ... Be Wary Of Shifting Dialogues.

How do you present a legal argument?

Eight Easy Rules for Persuasive Legal WritingKeep paragraphs within 2 to 7 sentences. ... Keep sentences under 60 words. ... Avoid unnecessary detail. ... Banish passive voice. ... Use key words to signify your argument. ... Define your opponent's argument. ... Edit as you go.

Do and don'ts in court?

6 Dos and Don'ts Inside the CourtroomAlways be on time. ... Dress in a professional manner. ... Always be prepared. ... Know relevancy of the cases you rely upon. ... Show respect to your opposing counsel. ... Know court rules and be courteous to judge's staff.

What should you not say to a judge?

Never make a definitive statement Always say "that is all I remember" instead of "That is everything, nothing else," as it leaves room for correction. You can get yourself in trouble this way and make it seem like you were hiding something in your original statement.

How do you impress a judge in court?

Be clean.Be clean. It is important to wear neat and clean clothes when you are going to court. ... Stand when the judge enters the room. ... Address the judge as 'Your Honor. ... Be audible. ... Use proper language and speak in complete sentences. ... Prepare before every hearing. ... Be polite and respectful. ... Be punctual.More items...

How do lawyers stay calm?

Lawyers stay calm and stick with the facts. When it comes to arguments or negotiations, emotion is weakness. Even if lawyers are provoked, or are emotionally connected with a particular subject, they do not allow their opponent to use it to their advantage.

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.

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 refer to the policy behind a law?

Lawyers refer to why a law was made as its ‘‘policy.’’. The policy behind a law can be used to argue that new facts or circumstances should also fall under the law.

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 the purpose of deductive reasoning?

1. 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.

If you understand your opponent through meticulous preparation, it is possible to anticipate their arguments and apply tactical pressure to win

This is one of the reasons that lawyers are highly skilled at presenting an effective argument. They consider issues from multiple angles and forecast their opponent’s next move.

Lawyers stay in control by sticking to the facts

This ability to remain calm, focused, objective and in control of an escalating situation is a unique type of emotional intelligence that comes from years of legal training. It’s also one of the reasons why lawyers are able to navigate high-conflict personal or professional situations with relative ease.

How to make an argument compelling?

There’s no law to appeal to. The best way to make these arguments compelling is to typify and categorize them. If you know what kind of argument you want to make, you can better scrutinize how well you realized that argument.

What are the five arguments that judges recognize?

Hart calls “rules of recognition,” are considered valid and legitimate ways to create law.#N#There are five arguments: text arguments, which use documents and statutes; intent arguments, which use the documented intent of the law’s author; precedent arguments, which use statements by other judges; tradition arguments, which use cultural norms; and policy arguments, which use any kind of evidence to prove that a given interpretation of the law will bring about a better state of affairs.# N#Each of the five arguments uses different evidence, but each is more compelling when used in conjunction with other arguments.

What are weak arguments?

Weak arguments are like chains: If one claim breaks, the whole argument falls apart. #N#Lawyers—i.e., people who argue as a profession —know better. Instead of linking chains, lawyers weave claims into cables of arguments strong enough to convince judges and juries. Unlike fragile links, if one thread frays, the cable stays strong.#N#I know, you’re not a lawyer. But your readers are more like a jury than you might think. The hyperavailability of online content means that readers are, in effect, constantly hovering over the close tab button, ready to quit reading. You might not be a lawyer, but your readers are certainly judging.#N#Content that converts must first persuade, so content marketers would do well to learn from professional persuaders. By learning how to make cables of arguments, content marketers can make their ideas more convincing.

Why do we use narrative arguments?

Narrative arguments make the case that readers should accept a conclusion because it follows from a logically coherent narrative. Writers will often write about a personal story or tear down an example from another company and use that narrative to reveal a conclusion they want the reader to accept.

Why do writers repeat their arguments?

Writers repeat arguments, often best contained within coined concepts, across articles to persuade readers of bigger ideas. This is a time where the library versus publication distinction comes into play. If your blog publishes one article after the next, your arguments may repeat, but they won’t compound.

What is the common form of strong arguments?

The Common Form of Strong Arguments. Weak content relies on one argument; stronger content relies on a chain of arguments; the strongest content weaves together a cable of arguments. An amateur arguer tends to conceive of arguments as a chain, as one claim interlocking with and leading to the next claim.

Do your best arguments exist inside articles?

Your best arguments don’t exist inside articles; they exist across them. Advertisers have long known readers need seven impressions to buy. A similar principle applies to writing: Readers need to see multiple arguments, in multiple types, across multiple occasions to be convinced.

Researching the facts

Lawyers have always needed to be systematic, but that's truer than ever today. All of the people I spoke to stressed the importance of one point – prepare, prepare, prepare.

Arguing your case

Legals spend years learning how to structure an argument, and several of our interviewees named Aristotle as an inspiration.

Relying on logic and order

Business presentations may be less stressful than court cases. But many presenters like to use shock to get people's attention.

Appealing to the senses

That's all well and good, but it sounds a little bland. When might a bit of powerful, emotional sophistry be called for?