How to Construct Persuasive Legal Arguments

Crafting convincing legal arguments requires strategic thinking and skilful execution.

Building Blocks for Solid Legal Arguments:

• Establish proper context – Provide requisite background facts, case posture and procedures before making substantive arguments.
• Begin with your strongest argument – Lead with the argument most likely to sway the court in your favour.
• Apply facts to law precisely – Explain how the law applies to the specific facts using case analogies and distinguishing contrary precedents.
• Support with binding authority – Ensure arguments are grounded in controlling statutes, mandatory case law, regulations, etc.
• Use persuasive writing techniques – Employ language asserting your conclusion with confidence. Use themes and repetition.
• Meet the required standard – Tailor arguments to satisfy the applicable standard of review.
• Address counterarguments – Anticipate key opposing arguments and rebut them strategically.
• Argue policy considerations – Bolster legal assertions with important policy justifications where applicable.
• Remain consistent – Avoid contradictions between arguments and stated facts/issues.
• Use headings logically – Organize arguments under descriptive headings and subheadings.

Collaborative Method

Step 1: Identify the Core Legal Issues

First, we need to identify the key legal issues and questions that need to be addressed. This provides a focus for constructing the arguments. We can isolate the main issues based on the facts of the case, applicable statutes, precedent cases, and standards of review. Let’s brainstorm and list out the 2-3 pivotal legal issues.

Step 2: Research Authorities Supporting Your Position

Now that we have the issues crystallized, we can start researching mandatory binding authorities like statutes and precedent cases that support your position on each legal issue. This includes finding analogous cases with favourable rulings and distinguishing contradictory cases. We’ll compile and analyze the most persuasive authorities.

Step 3: Craft the Theme and Theory of the Case

As the research develops, we will identify an overarching theme and theory of the case that aligns with the legal issues and argues in your favour. This theme weaves through and connects all the arguments. We want to tell a consistent, compelling legal story.

Step 4: Construct Arguments Applying Law to Facts

With the authorities and research complete, we can start constructing the substantive legal arguments issue by issue. We will apply the law to the specific facts of your case. Each conclusion should logically follow from the legal analysis while advancing your legal theory.

Step 5: Address Counterarguments

Once we have affirmative arguments drafted, we need to anticipate and preemptively rebut the opposition’s likely counterpoints. This strengthens your position.

Step 6: Sequence Arguments Logically

Finally, we will sequence the arguments in the most persuasive order and use headings to enhance readability and emphasis. The end product will be a cohesive, winning set of arguments tailored to your case.