How to Avoid an Argument That Isn"t Needed
In a court of law a lawyer must avoid a needless argument at all times because it not only wastes the precious judicial time but also makes the lawyer come across as an argumentative and discourteous non-gentleman.
And perceptions can make or break one's professional career.
A number of new entrants to the legal profession - and some of the old ones too - mistakenly believe that being a lawyer is simply about making relentless arguments.
It is incorrect.
Lawyer are supposed to assist the court in unearthing the truth and also help the courts to hand down a judgment that is in accordance with the law and is also just to the parties involved.
So long as a lawyer honestly represents his or her client taking care of the client's interests as far as possible, the lawyer is helping the court the way he or she is expected to.
However, in doing that the lawyer must avoid needless arguments because instead of strengthening one's case such arguments tend to erode the confidence of the judge and the lawyer in the submissions made by the argumentative lawyer.
This is not very hard to understand.
Imagine a person who has made up his mind to argue and contest any and everything that you say.
Would you think that the person is interested in bringing to your notice a serious flaw in your reasoning or in your understanding of the law or in your perception of the facts? No, you would not because this argumentative fellow only wants to quarrel and point out mistakes even when there is none.
So, anybody who constantly argues pointlessly looses credibility because to any listener he appears to be a highly prejudiced speaker, who wants to prove himself right.
In a courtroom such a negative impression can be suicidal.
The rules of courtroom engagement are pretty simple.
You are supposed to make your point calmly and clearly.
Do that.
Listen attentively to what the other counsel says and try to respond to the contention reasonably and without getting agitated.
If you must point out an error of some kind, do it as politely as possible.
Do not jump at it excitedly like a child as though you were eagerly waiting for just that kind of mistake.
Such a reaction makes you look insincere, eager and, to some extent, out of control.
All contentions must addressed to the judge or the presiding officer, and not to the counsel on the other side even if an error on his part has to be pointed out.
You should not look quarrelsome.
Point out to the judge as to why you think a particular argument from the other side is erroneous in terms of fact or amounts to a bad interpretation of the law.
And perceptions can make or break one's professional career.
A number of new entrants to the legal profession - and some of the old ones too - mistakenly believe that being a lawyer is simply about making relentless arguments.
It is incorrect.
Lawyer are supposed to assist the court in unearthing the truth and also help the courts to hand down a judgment that is in accordance with the law and is also just to the parties involved.
So long as a lawyer honestly represents his or her client taking care of the client's interests as far as possible, the lawyer is helping the court the way he or she is expected to.
However, in doing that the lawyer must avoid needless arguments because instead of strengthening one's case such arguments tend to erode the confidence of the judge and the lawyer in the submissions made by the argumentative lawyer.
This is not very hard to understand.
Imagine a person who has made up his mind to argue and contest any and everything that you say.
Would you think that the person is interested in bringing to your notice a serious flaw in your reasoning or in your understanding of the law or in your perception of the facts? No, you would not because this argumentative fellow only wants to quarrel and point out mistakes even when there is none.
So, anybody who constantly argues pointlessly looses credibility because to any listener he appears to be a highly prejudiced speaker, who wants to prove himself right.
In a courtroom such a negative impression can be suicidal.
The rules of courtroom engagement are pretty simple.
You are supposed to make your point calmly and clearly.
Do that.
Listen attentively to what the other counsel says and try to respond to the contention reasonably and without getting agitated.
If you must point out an error of some kind, do it as politely as possible.
Do not jump at it excitedly like a child as though you were eagerly waiting for just that kind of mistake.
Such a reaction makes you look insincere, eager and, to some extent, out of control.
All contentions must addressed to the judge or the presiding officer, and not to the counsel on the other side even if an error on his part has to be pointed out.
You should not look quarrelsome.
Point out to the judge as to why you think a particular argument from the other side is erroneous in terms of fact or amounts to a bad interpretation of the law.
