Crafting Persuasive Legal Advocacy
Advocacy is making the most compelling case possible for your position as a zealous representative. Here are some principles for persuasive written and oral legal advocacy:
In written advocacy like briefs:
- Frame facts favourably to advance your theory of the case
- Thoroughly research the law and cite beneficial authorities
- Analogize facts to favourable precedents and distinguish contradictory cases
- Argue policy considerations that support your position
- Craft persuasive themes using repetition and rhetorical techniques
- Refute counterarguments and highlight flaws in the opposing side's reasoning
- Use confident, assertive language and avoid equivocating
- Employ structural techniques like point-first paragraphs and roadmap introductions
In oral advocacy like hearings and trials:
- Prepare meticulously but be adaptable and think on your feet
- Grab attention immediately and focus on your strongest arguments
- Speak slowly, vary tone, make eye contact, mind-body language
- Emphasize key points with strategic repetition and pauses
- Use visual aids effectively to simplify complex concepts
- Convert questions into opportunities to reiterate your positions
- Maintain composure if interrupted or asked challenging questions
