Advocacy Is Fragile

Rule 38 The Materials of Advocacy Are Fragile
As an advocate, one of your most important tasks is to persuade others to feel and think a certain way about an issue. You must be able to lead others to view your description of an issue or your solution to a problem as the most acceptable option.

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Creative Commons License photo credit: zak mc

Rule 39 Be Likeable
Make sure that you are likeable. At the very least, make sure you are more likeable than your opponent–the nice-guy approach is one of the most effective techniques possible. When you are affable, likeable and kind, these help evoke the feelings you desire from your audience Common Sense Rules of Advocacy for Lawyers, by Keith Evansand they will naturally want to believe you. However, you must be sincere. The public has an amazing ability to sniff out insincerity. If you are only trying to act nice, you can be certain they will know it.

Rule 40 Aim to Create Sympathy Between You and Your Factfinder
You want to create sympathy between you and your audience. Developing sympathy is essential to your cause. By developing sympathy, other will be more willing to listen to you. In addition, it is likely they will place the kindest interpretation possible on what it is that you have to say. They will also be more reluctant to deny what you ask of them.

It is important to place yourself in the other person’s position and make an effort to get behind their eyes. This is a technique that does not take a lot of effort, but it can produce outstanding results. By putting yourself in the their position, you will find that you will not make nearly as many mistakes. One of the important advantages is that you will not say things that might offend your audience.

Reference: Common Sense Rules of Advocacy for Lawyers, by Keith Evans, Rules 38-40

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