what is it to constantly argue opinion like a lawyer does

by Prof. Consuelo Kessler 7 min read

Thinking like a lawyer also means that you can make arguments on any side of any question. Many of you resist that teaching, thinking that we are stripping you of your personal principles and convictions, transforming you into a hired gun. On the contrary, learning how to make arguments on different sides of a question is learning that there are arguments on both sides, and learning how to hear them. That is the core of the liberal value of tolerance, but also the precondition for order in a society that chooses to engage in conflict with words rather than guns. It is our best hope for rational deliberation, for solving problems together not based on eradicating conflict, but for channeling it productively and cooperating where possible.

Full Answer

Do lawyers like to argue?

I’ve seen the gamut of solicitors and barristers (trial advocates) and various other attorneys of various countries. I can faithfully say from the experience that most lawyers in most countries simply don’t like arguing or bickering, or even getting argumentative. Affinity my foot. Most lawyers try to avoid ‘arguing’ if at all possible.

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.

Why do most lawyers never go to court?

There are many areas of transactional law where the attorney will never or rarely appear in court. Trial attorneys generally have alpha personalities and enjoy the intellectual and professional challenge of advancing and rebutting legal positions raised in the trial forum. If you want to call that arguing, I can live with that.

How do you deal with someone who always wants to argue?

When someone who always wants to argue becomes aggressive or negative, keep your own emotions in check. Avoid arguing back or becoming defensive. This will generally just fuel the other person’s anger.

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What do you call a person who likes to argue about everything?

eristic Add to list Share. If you love to argue, you're eristic. Being eristic is a fairly common quality for a debater to have.

What are legal arguments called?

Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute.

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.

Why are lawyers so good at arguing?

Why? 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.

What is an example of legal jargon?

Examples include mediation, arbitration, and conciliation. Annulment - a case brought seeking to declare marriage void. This is a legal action and not the type sought for religious reasons.

What is an appellate argument?

Appellate procedure requires that parties provide the court with written arguments called briefs. Briefs describe the facts of the case and lay out the parties' legal arguments. The appellate court studies the briefs, examines the trial court record, and researches relevant law.

Are lawyers confrontational?

Also, interestingly enough, though in a profession requiring confrontation, lawyers can be quite passive-aggressive. Be warned that when someone gives you a tight smile and says “everything's fine” that everything actually is NOT fine. 6.

What are the four responsibilities of lawyers?

It describes the sources and broad definitions of lawyers' four responsibilities: duties to clients and stakeholders; duties to the legal system; duties to one's own institution; and duties to the broader society.

Do lawyers lie?

In California, the Rules of Professional Conduct govern a lawyer's ethical duties. The law prohibits lawyers from engaging in dishonesty.

How do lawyers not cry while arguing?

Originally Answered: How can a lawyer argue without crying? By using logic to overrule emotions. Appeal using reason and facts not crying and heartstrings. Or use both or whatever gets the right verdict.

Are lawyers emotional?

Lawyers generally exhibit a lower emotional intelligence than other professionals, so that adds an extra burden on the legal profession to identify, develop and appoint emotionally intelligent leaders who can lead us to success in an increasingly challenging marketplace.

What are lawyers not allowed to do?

Rue 48 prescribes that an advocate shall not be a Managing Director or a Secretary of any Company. Rule 49 precludes an Advocate from being a "full-time salaried employee" of any person, government, firm, corporation or concern, so long as he continues to practice.

What does it mean to think like a lawyer?

Thinking like a lawyer means preparation, planning and predicting (insofar as possible) the future. This means doing risk assessments before making a big decision, considering all your options, and planning for all possible potentialities.

Why do lawyers think before acting?

This habit of thinking before acting is part of the reason why lawyers are often considered to be wholly risk-averse. The upshot of developing this style of thinking, however, is that you will rarely be surprised by unforeseen negative outcomes of your decisions in personal or professional contexts.

What is the strategy lawyers use to drive their opponents crazy?

Taking your time to respond is a strategy lawyers use to drive their opponents crazy! Use this time to remove yourself emotionally from the immediate drama of the situation. Lawyers don’t allow themselves to be drawn in by cheap insults and other schoolyard tactics, although many will engage in it themselves.

Why are lawyers so competitive?

Lawyers are inherently competitive. They enjoy peppering everyday conversations with big words and thinly veiled insults. It’s a strategy used to spice things up with colleagues during casual office banter and to gain an unfair advantage in everyday communications with family members or friends.

What do lawyers look for in a case?

Try not to get bogged down in irrelevant details but focus on the most relevant and critical information. Lawyers analyse the issue and look for the material facts, and evidence that supports those facts.

Why are lawyers more quarrelsome than most?

Lawyers are more quarrelsome than most because of the way we are trained. Law school uses the Socratic method and inductive reasoning to study often conflicting case law to form an overarching knowledge of an area of law.

What is an example of ambiguity in the law?

An example of the ambiguity of the law is death by auto law. In New Jersey, when a drunk driver kills a victim, the State can charge the defendant with aggravated manslaughter, reckless manslaughter (NJSA 2C:11–5 ) or vehicular homicide (NJSA 2C:11–4).

What is the difference between a sentence of 5 years and 30 years?

The difference between a sentence of 5 years and 30 years is that little phrase. Very similar facts can result in vastly different outcomes. The prosecutor and defense attorney can argue all day about whether the defendant manifested extreme indifference to human life.

Can you win a lawsuit based on lies?

You can “win” a lawsuit based on lies, deception, bad logic. Lawyers will take such a win in most cases—in fact, they are obligated to. See, e.g., O. J. Simpson murder case - Wikipedia. Here is a picture of the moment the clerk read the Not Guilty verdict in the O.J. Simpson murder trial.

1. They identify the issue and never deviate from it

Lawyers perceive the primary purpose of discourse and stay with it until the end of time. When somebody challenges the perspectives of a lawyer, their common response is to protect themselves with all accessible knowledge and information.

2. They leave their emotions at home

Feelings never win a controversy. When we feel firm about a subject, it is likely that our perspectives are educated by past individual encounters. A forceful carried away reaction to somebody testing these perspectives leaves us helpless against sentiments of individual assault, as well as we freely feel the burden of the moment.

3. They never move away from their words

A technique regularly utilized by lawyers is that they never move away from their talking. They get their prey by understanding the recurrence of words in light of the fact that the individuals who have constrained contentious abilities tend to roll the words.

What to do when someone wants to argue?

When someone who always wants to argue becomes aggressive or negative, keep your own emotions in check. Avoid arguing back or becoming defensive. This will generally just fuel the other person’s anger.

Why is it important to remember when dealing with someone who always wants to argue?

When dealing with someone who always wants to argue, it is important to remember that you do not need to engage in argumentative behaviors in turn. Learning how to control your own responses as well as limiting interactions with argumentative individuals can help you diffuse difficult situations and avoid unnecessary conflicts.

Can you control someone's behavior?

In other words, you cannot control his behavior, but you can control your own reactions to his argumentative ways.

Why do people say you are unreasonable?

In their eyes, you are being unreasonable because you dont acknowledge that they are superior, right, and all around wonderful people. They find it terribly offensive, and feel shame, injustice, and rage ( narcissistic injury ). To regulate their overwhelming emotions, they often try to receive false validation.

What is a narcissist lying about?

Sometimes they lie about what happened, what you or they did and didnt do, or even about whats real and factually true. Often to the degree of pure denial and delusion.

Does Psych Central review?

Psych Central does not review the content that appears in our blog network (blogs.psychcentral.com) prior to publication. All opinions expressed herein are exclusively those of the author alone, and do not reflect the views of the editorial staff or management of Psych Central. Published on PsychCentral.com.

Why are some partners argumentative?

Others are argumentative because they’re in occupations where arguing is normal and necessary — and they take this behavior home. Some partners are argumentative because they’re angry about something in the relationship, but rather than deal with it directly, they pick at every opportunity and arguing is the best way for them to do this .”

What does it mean when someone is argumentative?

1. They’re Unhappy. “People who are argumentative most likely are either very unhappy themselves and can't find other healthy ways to communicate this unhappiness, or have learned this behavior from their parents,” life coach Kali Rogers tells Bustle.

What is argumentativeness and defensiveness?

2. They’re Defensive. “Argumentativeness often stems from defensiveness, and defensiveness often stems from shame: shame about being wrong, shame about being not good enough, shame about not knowing,” licensed marriage and family therapist and certified sex therapist Natalie Finegood Goldberg tells Bustle. “The antidote to this kind of shame is ...

Is argumentativeness a relationship ender?

Though argumentativeness is annoying, it doesn’t have to be a relationship-ender, as long as you can work together. “Couples therapy is highly recommended for this kind of work,” Rogers says. Options are good in situations like these. 2. They’re Defensive.

Can you disagree with someone who has been emotionally abused?

It is also equally OK to simply disagree altogether.” If you and your partner are butting heads, though, it’s time to get to the bottom of it. " [You can] disagree without being argumentative and combative, which is a skill that emotionally abused people tend to overlook as they don’t realize their behaviors as being problematic,” she says.

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