Style: The measure of a great argument

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Word choice is a vital aspect of any argument, whether that is around the dinner table with family and friends, or before a judge or jury in a courtroom. Although the words you use to express yourself are important, what matters most is how you use those words. Carefully selecting your choice of words and arranging them to achieve eloquence is the essence of style.

Consider the classical figures of speech known as schemes and tropes. An example of a scheme is when you change the traditional or expected order of words in a sentence for effect or drama, such as: A great lawyer was Tom. Tropes are figures of speech that occur when you change the significance of words in a sentence. The most familiar examples of tropes are metaphors and similes. Metaphors transform a word or phrase from its literal meaning into something else with implied comparisons between two things that are unalike but have something in common. For example: The defendant’s case went down in flames. Similes, however, use “like” or “as” to explicitly compare two things that are not alike. For example: These facts are as clear as a fire bell in the night. Studying figures of speech can be tedious, but you will reap the rewards of your efforts. The proper use of schemes and tropes will add zest to your arguments.

Consider the opening statement. The theoretical purpose of the opening statement is to present to the judge or jury the evidence you plan to present during trial, all this, but without arguing. Argument is reserved for the closing, after the evidence has been presented. An argument assuming evidence in the record is strictly prohibited — hence, the purpose of summation or closing argument. The prohibition against attorneys arguing the merits of the case relates to the idea that they are assuming certain facts have already been established; of course, facts can only be adduced at trial.

Notwithstanding the theoretical prohibition against arguing in the opening statement, in practice, that is exactly what trial lawyers do. They argue the case in opening by selecting the right words to avoid objections or critique by the judge. For example: “We shall prove the defendant was negligent. He drove well over the speed limit. He was driving 70 miles an hour. The speed limit was 40 miles per hour. The evidence will show that the defendant has a record of reckless driving and is a danger to society.”

Now take, for example, two personal injury cases. Both trial lawyers seek damages in their closing arguments. Imagine one lawyer exhorting, “Let’s turn to the measure of damages.” Now imagine the other lawyer quietly stating, “Let’s turn to the grim, grueling audit of pain.”

Which style is most effective? It is not possible to evaluate without first knowing to whom these lawyers are speaking. Tailoring your argument to the listener is therefore a significant principle of rhetoric.

In choosing your style, you might select the first version if arguing before a judge. When arguing before a jury, the second version may serve you well if you believe the jury would be receptive. Remember, choosing the appropriate style is important. But it is perhaps even more important to know when to alter that style.

It is critical to tailor your language to the listener so that your style choices do not backfire.
During a closing argument in a jury trial in Los Angeles, defense counsel from Baltimore once used the term “waterman” to come across as down-to-earth. However, the jury had no idea what that word meant. While those from Baltimore know that a waterman is one who fishes the Chesapeake Bay, the West Coast jury was confused. Word choice clearly matters. The right choice can make you relatable; the wrong choice can just as easily alienate the listener.

With diligence, you can improve your style. While some have natural-born talent as advocates, many of the best have perfected their skills through hard work and practice. Remember Demosthenes? He practiced speaking with pebbles under his tongue to eradicate his stutter. Woodrow Wilson practiced his speeches alone in the woods. Winston Churchill spent hours working on and practicing his speeches.

Ultimately, your style, the words you choose, is personal. You should develop a style that is your own. But regardless of which words you choose, always strive for clarity with logic and emotion when appropriate. Consider practice sessions, a mock trial, or hearing. Working with a trial consultant can also be helpful.

Remember Mark Twain’s comment: “The difference between the almost right word and the right word is really a large matter — it’s the difference between the lightning bug and the lightning.”

Choose your words carefully and tailor them to resonate with your listeners.

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