From the President
Douglas W. Schroeder Orange County Trial Lawyers Association
The power of persuasion: I’d like to have an argument, please Seminar to offer tips for successful (legal) argument
A longtime fan of the British come-
dy troupe Monty Python, I can’t help but grin when recalling their classic skit “The Argument Clinic.” Though amus- ing, the vignette imparts a valuable les- son for those of us whose professional success hinges on the power of persua- sion.
Setting the scene, a meek bespecta-
cled customer (Michael Palin) walks into an office and says to the receptionist: “I’d like to have an argument, please.” After paying the fee for a five-minute argument, the customer is directed to the presumed expert (John Cleese), who instantly and incessantly contradicts Palin’s every utterance. Exasperated by Cleese’s implied
postulate – that mere contradiction con- stitutes argument – Palin articulates the underpinnings of persuasive argument. Along the way, Palin proffers such gems
as “argument is not the same as contra- diction,” but “a collective series of state- ments to establish a definite proposi- tion.” With Cleese reflexively spouting the opposite of whatever Palin posits, Palin – sensing the futility of his predica- ment – exclaims that “argument is an intellectual process,” not “just the auto- matic gainsaying of anything the other person says.” To which Cleese blithely retorts:
“It is not!” Just when it seems Palin is finally
about to gain ground, Cleese falsely insists the customer’s five minutes have expired. Cleese refuses to engage in any further discourse unless Palin accedes to further monetary concessions. When Palin pays again, Cleese denies he did. At loggerheads with Cleese, Palin scours the halls in search of the complaints department, only to end up being
bashed in the head by a different clini- cian wielding a monstrous mallet. Seasoned trial lawyers may find an
allegory in the skit’s treatment of Palin. The arbitrary demand for monetary con- cessions despite a refusal to engage the merits of Palin’s position is evocative of tactics some insurers use when negotiat- ing settlements. Just as Palin’s character sought an ombudsman to hear his com- plaint, lawyers seek resolution by third parties (judges, juries, arbitrators and mediators) who we hope will give our arguments due consideration. But in con- trast to Palin’s character, neither our clients nor we can afford to wind up feel- ing hammered over the head at the end of the process. Yet that result can easily be obtained unless we, as advocates, hone our powers of persuasion well in advance of D-Day.
Strategies for argument Fortunately, as part of its nuts-and-
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verdictvideos.com WINNING MATTERS 12 — The Advocate Magazine FEBRUARY 2012 SM See Persuasion, Page 14
bolts educational programming, the Orange County Trial Lawyers Association helps our members avoid a plight like Palin’s. For instance, on the evening of February 23, OCTLA will present “Proven Tactics for Powerful Closing Arguments.” The program will highlight key strategies and effective techniques for closing arguments useful for all lawyers, from novice to master at trial.
Jennifer Keller – a renowned advo-
cate whose skillful closing arguments have won landmark results in high- stakes civil and criminal cases – will share her advice for winning large and
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