TIPS FOR BETTER LEGAL ARGUMENTS

A legal argument must be factually and ethically correct; it should be moral and should provide an equitable solution. Merely trying to win over an audience with a speech is not praiseworthy in law. A lawyer must focus on the finer points of his/her speech and should bring out the most calculated words to try and redeem their case or client.

Team Law Community
September 14, 2020

INTRODUCTION

Most law schools in the world prepare a student with a subsequent legal understanding and legal knowledge. One skill that is often lacked in law graduates is the skill of making a proper legal conversation, or a legal argument. A legal argument must be factually and ethically correct; it should be moral and should provide an equitable solution. Merely trying to win over an audience with a speech is not praiseworthy in law. A lawyer must focus on the finer points of his/her speech and should bring out the most calculated words to try and redeem their case or client.

POINTS TO BE CONSIDERED

  • Knowing the case laws and records of a courtroom situation, there is only one way to keep your confidence sky-high, and that is to know the facts, the law, the arguments and the case laws related to your case completely.
  • This helps in understanding the various questions that the judges will throw your way and also to keep an open mind.
  • Relevant case laws are the most important tools in a lawyer’s arsenal and can make the difference in winning or losing an argument. The primal goal of a lawyer should be to have a conversation with the judges, rather than throwing down a speech.


Preparation of a strict outline

  • Most lawyers try to prepare a very basic speech for an argument. They pick apart a topic and then try to keep the conversation fixated to that topic.
  • You must understand that the judges might take the conversation into a completely different direction, and preparing a speech can work against your case heavily.
  • For any argument, a lawyer should prepare an outline, not a speech. This allows the representation to be flexible and elastic, and this works in favour of the lawyer as the judges appreciate the quality of adjustment in any argument.


Practising a presentation

  • A presentation can be quite tedious when you haven’t got a clear idea on what to expect. This is the reason that practising a presentation is essential.
  • The practice can be in the form of a discussion with your colleagues or a simple practice in front of a mirror. It is essential to brainstorm various questions related to topics that can be faintly connected to the said case.
  • Being surprised during oral arguments is not an option for a lawyer. The only activity that can prepare you for it is practice. The transition between the bench’s inquiries and your demands requires the practice of presentation of the said facts.


Upholding Courtroom ethics

  • Basic ethics such as precisely addressing the judges, keeping the voice tone civil and not deviating from the on-going topics can go a long way to ensure a person’s argument.


Understanding the bench

  • Understanding the judges and their point of view is an additional perk which helps a lawyer immensely.
  • Researching the backgrounds, the jurisprudence and the decisions of the judges can play a massive role in deciding the results of your presentation.

CONCLUSION

The full course of bettering your argument skills requires a mix of knowledge, intuition and research. But more importantly, gut instinct and patience are the skills which decide the fate of a case in the court of law.