The 8 secrets of persuasion

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Since the beginning of time, the human race has found it necessary or highly desirable to persuade others to do or act as requested. Often, the request for action is satisfied. When the request or demand is not honored, trouble could begin.

Your dinner is not consumed, a war is commenced, etc. Putting humor aside, over centuries, our predecessors created in their view the very best techniques for advancing and defending arguments in court or on the debate floor, and yes, at the dinner table as well.

Consider Aristotle’s seminal work “Rhetoric.” It may not be easy reading, or enjoyable, but “Rhetoric” is one of the best writings on persuasion. It is worth taking time to read and appreciate the advice of Aristotle. He shares his views on techniques for convincing a listener to undertake what the speaker desires them to do, maintaining that the key to success in advocacy rests on three important criteria: ethos, pathos, and logos.

Ethos is the listener’s perception of the speaker, including their character; the more impressive the speaker, the better the presentation will be received. For example, tailor your opening statement to connect to characteristics of the jury you learned during voir dire. If the foreperson is a fifth grade teacher, you might say, nodding to that teacher, “Even fifth grade students appreciate the need to avoid telling untruths.”

Pathos is emotion. Focus on the pace of your delivery, think about adjusting your eye contact, and do not overdo it. Vary the volume of your voice when you deem it appropriate.

Consider, for example, the closing argument by the brilliant plaintiff’s lawyer, the late Moe Levine, for his client in a personal injury case. To confront the emotional aspect of the case, one in which the client lost both hands, Levine conveyed to the jurors that they had all eaten lunch one day during the trial at the same restaurant. He reminded the jury of his client’s misery but that Levine and the jurors enjoyed their lunch, using a knife and fork, but his client was forced to eat like a dog.

He then sat down. The jury then rendered an impressive damage award.

Logos, or logic, can be deductive or inductive. Inductive reasoning makes a generalization from specific observations and facts, while deductive reasoning uses available information, knowledge, or facts to construe a valid conclusion. Inductive reasoning has probabilistic conclusions, while deductive reasoning has definite conclusions.

The following is an example of inductive reasoning: My car battery died yesterday in the cold. Therefore, my car battery will freeze in the cold. The following is an example of deductive reasoning: All men are good. Socrates is a man. Therefore, Socrates is good.

Remember these eight secrets of persuasion:

1. Focus on your goal. Do not become distracted, and do not allow opposing counsel to lure you away from your goal: judgment for your client. It is helpful to use notes only sparingly. Eye contact is important, as are the words you use to explain yourself. This is often referred to as style.

2. Tailor your argument to the decision-maker. This refers to the judge, jury, friend, or individual you are trying to persuade. If you can, learn in advance the character of the judge.

3. Cultivate ethos. This is the listener’s view of you, the advocate.

4. Base your argument on logic. Build with evidence, law, and policy. Be familiar with inductive and deductive reasoning. Inductive reasoning moves from specific observations to general conclusions. The conclusion is probably certain. Deductive reasoning moves from general principles to specific conclusions. The conclusion is definitively certain.

5. Appeal to emotion. Incorporate emotion into your presentation on occasions when it is appropriate but don’t overdo it.

6. Argue with style. These are the words we use to express ourselves. Delivery is all about your overall presentation, including how you move about in the courtroom. Use delivery to enhance communication. Remember: Do not read your entire opening or closing; speak directly to the judge or jury, particularly when using demonstrative aids like PowerPoint. Face the jurors and talk to them directly.

7. Immunize and refute opposing points. If you believe opposing counsel will attempt to undermine your case on a particular topic, you might raise the point first and refute it with testimony or argument. In other words, take the wind out of the opposition’s sail.

8. Strategically arrange your argument. Consider which points to raise, and if time permits, moot court your opening statement and closing argument. Moot courting can often lead to successful openings and closings.

In conclusion, remember, prior to your presentation it is wise to practice before colleagues or friends. The old adage is true: Practice makes perfect. Obtaining constructive feedback can be very rewarding.

Paul Mark Sandler is recently retired from the firm of Shapiro Sher. He can be reached at [email protected].