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Trial lawyers know very little about rhetoric. Oral rhetoric is the message content, work choice, organization and delivery as seen from the perspective of the listener.
Ol' Plato, Cicero, Quintilian, and Aristotle paved the way for a millennias-old discipline that we as trial lawyers largely ignore. Aristotle taught that (1) the character of the speaker (ethos) along with (2) emotion (pathos) and (3) the speaker's lines of reasoning (logos) bring about persuasion.
The study of ethos, logos, and pathos are as important today as they were two thousand years ago. Even average speakers can improve and become great orators by embracing what the ancients practiced every day.
For this first Trial Tips Newsletter, I wanted to throw out just a few thoughts on how to think and approach any courtroom oration. For designing your courtroom speech, here are some very basic things from the old practitioners to keep in mind:
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Make your introduction resonate. Your first words should (1) grab attention, (2) and gain "conditional acceptance" (goodwill from the judge or jurors of you and your presentation so they will remain engaged). Chose them carefully.
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Get on the listeners' good side. Goodwill is attained by giving jurors accurate and easily understood information, and making arguments that are sensible and based in law and fact.
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Connect and resonate. Speak about duty, justice, and good faith. Empower the jury to do the right thing, the just thing, and the best thing for your client.
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Show moral strength. Tell a story (either from the actual facts, or an illustrative one) of perseverance or honesty, or admit and own weaknesses in your case.
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Establish moral character. Become a "courtroom influencer" byfollowing courtroom procedures and using the law (show, explain, and rely on the jury instructions).
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Pathos - if you can't convince yourself, how can you convince anyone else? Feel the emotions you want the jury to feel, by using the most appropriate words and stories that will resonate with your listener(s).
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Practice, practice, practice. Work on your presentation beforehand - do it until you cannot get it wrong. And video record yourself for viewing later. Remember, the mirror will lie to you.
ALL of these points are grounded in preparation. Musicians and athletes succeed only because of preparation, practice, rehearsal, and "woodshedding." Spend the time before trial and it *will* pay off.
In future newsletters, we will delve into some of these points in more depth. We hope this helps you in your quest for excellence in advocacy.
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