when is a lawyer required to make an argument?

by Neil Schultz 4 min read

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 write a good legal argument?

How an argument works (cont.) •Here is a famous example of a sound argument. Socrates is a person. (Premise 1) All people are mortal. (Premise 2) Therefore, Socrates is mortal. (Conclusion) –Notice that it is impossible to accept the premises without also accepting the conclusion. •Legal arguments are usually not this clear cut. But you

When is oral argument required in court?

An argument takes a stand on an issue that is debatable. It seeks to persuade an audience of a point of view in much the same way that a lawyer argues a case in a court of law. It is NOT a description or a summary.

How is an argument heard in a court case?

Sep 24, 2015 · Oral argument is typically heard on Fridays. In some counties, the judge will send a preliminary or tentative decision to the parties and attorneys a day or two before oral argument. This will set forth what the judge believes should be ordered based upon what he or she read in the motion papers.

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Do lawyers have to 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

What are the four responsibilities of lawyers?

DutiesAdvise and represent clients in courts, before government agencies, and in private legal matters.Communicate with their clients, colleagues, judges, and others involved in the case.Conduct research and analysis of legal problems.Interpret laws, rulings, and regulations for individuals and businesses.More items...

How do lawyers make an argument?

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.Jun 15, 2015

What is an argument in a legal setting?

An argument is both the process of giving reasons for believing something is true as well as the term used to describe the reason(s) given. An argument is also a disagreement between two or more persons, in which opposing parties openly voice their opinions and dispute their respective opponents' claims and viewpoints.

What are the ethics of lawyers?

Importance of Legal EthicsConfidentiality: A lawyer should preserve the confidences of a client. ... Competence: An attorney must represent a client with the utmost competence. ... Professional Judgement: A lawyer should exercise independent professional judgement on behalf of a client.May 21, 2020

What is the main role of a lawyer?

Lawyers typically do the following: Advise and represent clients in courts, before government agencies, and in private legal matters. Communicate with their clients, colleagues, judges, and others involved in the case. Conduct research and analysis of legal problems.

How do you create a strong argument in law?

Writing a legal argumentidentify relevant legal issues.apply the law to the facts.structure your answer clearly and logically (use the model plan)use appropriate language for a legal argument.

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 a solicitor argue in court?

If a case goes to court, it is unlikely that a solicitor will represent their client although certain solicitors can appear in court as advocates. Instead, a solicitor will generally refer the work to a barrister or specialist advocate for expert advice or to instruct them to appear in court to represent the client.

What is it called when a lawyer makes an argument?

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.

Why is legal argument necessary?

Argumentation plays an important role in the Law. Someone who presents a legal thesis is expected to put forth arguments to support it. A lawyer who brings a case to court must justify his or her case with arguments. The judge who takes a decision is expected to support this decision with arguments.

What are the different types of legal arguments?

Law is based upon legal text, the drafters' intent, judicial precedent, the traditions of the people, and (hopefully) sound policy. The five types of argument are therefore text, intent, precedent, tradition, and policy.

What is an argument?

An argument takes a stand on an issue that is debatable. It seeks to persuade an audience of a point of view in much the same way that a lawyer argues a case in a court of law. It is NOT a description or a summary. This is an argument: “Although it may seem that internal discord and external barbarian invasions were separate problems for ...

What happens when you re-examine evidence?

As you re-examine your evidence and identify patterns, you will develop your argument and some conclusions. For example, you might find that as men’s access to professional training increased, women made fewer textiles at home, though they generally retained their production of butter and ale.

How many sentences can a thesis be?

A thesis makes a specific statement to the reader about what you will be trying to argue. Your thesis can be more than one sentence, but should not be longer than a paragraph. Do not state evidence or use examples in your thesis paragraph.

Is a thesis defenseless?

Your thesis is defenseless without you to prove that its argument holds up under scrutiny. Your reader expects you to provide all of the evidence to prove your thesis. There are two categories of evidence that you can use:

What percentage of divorces settle?

This is because 98% of all divorces settle, meaning that a judge does not make any decisions about how to resolve your case. However, in a divorce, sometimes a judge is called upon to make a decision about temporary custody, support or other issues. This is done through the filing of a motion. Oral argument is typically heard on Fridays.

When is oral argument heard?

Oral argument is typically heard on Fridays. In some counties, the judge will send a preliminary or tentative decision to the parties and attorneys a day or two before oral argument. This will set forth what the judge believes should be ordered based upon what he or she read in the motion papers. If you do not renew your request ...

Does the court have to give oral arguments?

Other times, the court does not provide a tentative decision and oral argument required if either party requested it. Oral argument is an opportunity for the attorneys to argue your case and for the judge to ask questions.

What is Neumann's fourth point?

To Neumann's four points, the present writer would add a fifth: restate the original conclusion once more at the end. Neumann refers to "counter-analysis.". The present writer calls it prebuttal - rebutting anticipated arguments from the other side before they have even been made.

How does Professor Neumann's paradigm work?

In conclusion, Professor Neumann's paradigm works well for structuring an argument of a single point. Complex arguments are made by telling the reader what points will be covered (and if it is the case, whether prevailing on a single point requires a ruling in favor of the client on the entire case).

How many words are in a Harvard Bluebook quote?

The Harvard Bluebook advocates using single-spaced, indented block paragraphs for quotes of fifty words or more, and in-line quotations using quotation marks for quotes of forty-nine or fewer words. The present writer would not use so wooden a rule.

When to use a string citation?

A "string citation," meaning mere citation of the statute or case, should be used only where the point of law is very clear and the statute or case already familiar to the court.

Which states do not allow recording of conversations?

On the state level, some states (California, Illinois, Massachusetts, Florida and Hawaii, for example) have laws that, unlike Louisiana Revised Statutes 15:1303 C (4), do not permit but specifically prohibit a person recording his or her own conversations with others.

How much does lasagna cost?

If you were looking for a healthy lasagna, you’ve just found it. At under $5 per serving, you can fill yourself up right away without putting on the extra calories.

What to do if you are injured in a car accident that is not your fault?

If you have been injured in an accident that was not your fault, the other guy’s insurance company will be all over you to settle your claim as quickly as possible. Don’t do it. In fact, never talk to an insurance company representative until you have first consulted a personal injury attorney. You may not be familiar with the laws or the normal compensation rates, but seasoned attorneys are. If you are injured in car accident, don’t talk to anyone except to answer cursory questions from the police on the scene.

How to save your family after you die?

Save your family from disputes and legal issues after you die. Set up your will or trust with a reputable attorney well in advance. Your first will should be set up as soon as you have a child and should be changed periodically throughout your life as circumstances change.

What is civil law?

Civil law also covers legal agreements, real estate transactions, divorces, child custody, and other matters where legal paperwork is necessary to protect all parties involved. Criminal Law: This area of law relates to offenses that break the laws of a local, state, or federal governments.

What happens if you are sued?

Law Suits. If you are being sued and the consequences of a loss may result in the loss of a good deal of money or property, you need a lawyer. Again, the other side has a lawyer, so you need to get one too. Most of these things are settled out of court, but you want an experienced negotiator on your side. 4.

What is a complex divorce?

1. A Complex or Nasty Divorce. When couples mutually agree on all of the details of a split, there is no real need for a lawyer. When, however, there are issues of property, investments, savings, support, debt, and child custody arrangements, only a fool neglects getting legal representation.

Can you go to court for DUI?

A good lawyer can meet with the prosecutor and get the charges reduced, especially if this is your first offense. Never go to court on a DUI charge without a lawyer — unless you are willing to accept the maximum penalty.

What happens if you use an appeal to emotion in a document?

If you advance an appeal to emotion in your document on spaying and neutering pets, and discuss the millions of unwanted pets that are killed each year, you may elicit an emotional response. If you use this approach repeatedly, your audience may grow weary of this approach, and it will lose its effectiveness.

What are the best arguments?

Here is a useful way of organizing and remembering seven key argumentative strategies: 1 Argument by G eneralization 2 Argument by A nalogy 3 Argument by S ign 4 Argument by C onsequence 5 Argument by A uthority 6 Argument by P rinciple 7 Argument by T estimony

What is a fallacy in writing?

“ Fallacy ” is another way of saying false logic. Fallacies or rhetorical tricks deceive your audience with their style, drama, or pattern, but add little to your document in terms of substance. They are best avoided because they can actually detract from your effectiveness. There are several techniques or “tricks” that allow the writer to rely on style without offering substantive argument, to obscure the central message, or twist the facts to their own gain. Table 11.10 “Fallacies” examines the eight classical fallacies. Learn to recognize them so they can’t be used against you, and learn to avoid using them with your audience.

How is Toulmin's rhetorical strategy useful?

Toulmin’s rhetorical strategy is useful in that it makes the claim explicit, clearly illustrates the relationship between the claim and the data, and allows the reader to follow the writer’s reasoning. You may have a good idea or point, but your audience will want to know how you arrived at that claim or viewpoint.

What happens when you change your topic to the use of animals in research?

If you change your topic to the use of animals in research, the same strategy may apply, but repeated attempts to elicit an emotional response may backfire (i.e., in essence “cutting” you) and produce a negative response called “emotional resistance.”.

What is the point of Richard Johannesen's book Ethics in Human Communication?

In his book Ethics in Human Communication, Richard Johannesen (1996) offers eleven points to consider when communicating. Although they are related to public speaking, they are also useful in business writing. You may note that many of his cautions are clearly related to the fallacies we’ve discussed. His main points reiterate many of the points across this chapter and should be kept in mind as you prepare, and present, your persuasive message.

What is the ad populum?

Ad Populum. Appeals to a common belief of some people, often prejudicial, and states everyone holds this belief. Also called the bandwagon fallacy, as people “jump on the bandwagon” of a perceived popular view. Most people would prefer to get rid of a few “bad apples” and keep our streets safe. 6.

What does the orange cover on a brief mean?

For instance, an orange cover tells the Court that the brief is in opposition to a writ of certiorari. A light blue cover identifies a merits brief of Petitioner or Appellant, and a light green cover is attached to briefs of amicus curiae in support of Petitioner or Appellant.

What is saddle stitched in a brief?

Briefs should be saddle-stitched, which is the neat, center-spine stapling that is usually used for pamphlets, or perfect-bound, which is like the binding that joins together the pages of a book.

What font is used for legal briefs?

As far as the U.S. Supreme Court is concerned, legal briefs must be written in 12-point type, in Century Schoolbook font. This is referred to as the “Supreme Court font.”

What is the last thing a legal brief should do?

The last thing a brief should do is anger or bore the judge reading it.

What is a motion for summary judgment?

A motion for summary judgment explains to the court why it is impossible for the opposing party to win the case, and requests that it be dismissed. Upon the court’s granting of summary judgment, the case is then effectively over. Legal briefs are also filed with the appellate court when an appeal has been entered.

What is legalese writing?

Legalese. It used to be that simple legal writing was frowned upon by the courts. To compensate, attorneys began writing in “legalese,” which is legal writing that is convoluted and confusing to most people. Terms like “heretofore,” “aforementioned,” and “thereafter” are considered legalese.

What is the common mistake in drafting a brief?

Another common mistake is a failure to back up good arguments with good citations. Often, the person drafting a brief will cite case law and assume the judge is familiar with the facts of that case.

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