Wow, it has been a long time since I’ve used either the “Law School” or “Rhetoric” category tags.  This post fits into both categories, but mostly in the former.

On Wednesday, I gave my first closing argument in a class called Civil Trial Advocacy.  Essentially, the class entails going through three mock civil trials to give students some “real world” experience. This type of class is usually called a lawyering skills class.  In a skills class you don’t really learn much law, or theory, but instead focus on the “art” of lawyering.  I took the class because it has been quite some time since I last spent serious time doing public speaking, so I thought what better way to get some practice in public speaking, where I was also learning the ropes of a civil trial.

I have not been disappointed.  This has been my favorite class thus far in law school.  I’ve already had the opportunity to cross examine an expert witness, and this week I gave my first closing argument.

I thought my closing argument went well, but the whole situation gives me the opportunity to talk a bit about rhetorical strategy. I was faced with a much more prepared adversary.  Seriously, who has some much time that they are able to prepare a 35 minute argument when we were only allowed 10 minutes?  To make things worse in my case the Judge let my opponent go on for the entire 35 minutes when I only had prepared for the expected 10 minute speech.  I think she should have been cut off much earlier, but she wasn’t so I was forced to rethink my strategy on the fly.

In my experience in public speaking [which is admittedly somewhat limited] the following are speaking strategies I use when confronted with a much better prepared opponent in a speaking situation:

1. Listen carefully to your opponent’s argument. Every position has it weaknesses.  The longer the explanation takes, the more the other person’s argument’s weaknesses are exposed.  Use this to your advantage.  Instead of trying to respond to every argument in turn, [which you  do not have time to do], try to highlight a couple of your opponents weakest arguments.  Directly reference these weaknesses, and then assert that they are representative of your opponents entire argument.  Hey, if they make a number of flimsy arguments, what makes the rest of their points reliable?  At the very least you’ll force your opponent to address this during rebuttal which will use up some of their remaining time.
2. Take a more conversational approach. What ever you do, do not panic.  Try to personally identify with your audience.  Make eye contact, and speak slowly.  Most audiences don’t like to be lectured, therefore it is to your advantage to act calm and “converse” with the audience rather than hit them with every available argument.  Think about how you like to be spoken to while listening to a speaker.  Act accordingly.
3. Make your opponent play on your turf. Latch onto your opponent’s terminology and turn their talking points to your key phrases.  Taking ownership of your opponent’s key terms shifts the attention from underlying issues to who is accurately portraying the meaning of the word.  This is especially effective when you opponent is incorrectly using a word, or using an uncommon use.  Either way if you opponent comes into this engagement relying on a few key phrases, show the audience why your side/point of view is actually a better representative of those phrases.
4. Focus on the key points. Obviously the other person has said a lot more than you, but quantity does not equal quality.  Attempt to crystallize the key issue in your favor.  While your opponent may have thrown out every argument known to man, focus on slowly expanding your best argument to show that the key issue is falls on your side of the argument.  Of course this also implicitly means that you must suggest that THE key issue of the debate falls to your side.  Therefore make sure to pick an issue to pound away at that you can win.  A thorough explanation of one issue is much more convincing than cursory mention of several.  Remember quality is better than quantity.
5. Ask for the sale. Let me repeat: ASK FOR THE SALE!  This is the one step that I forget most; yet it happens to be the most important.  Go figure.  Ask your audience to act, and let them know what you thing they should do next.  Your best arguments are wasted if you don’t take this last affirmative step to tell a convinced listener what actions they should take next.  No matter what your field: Law, Business, Consulting, Sales, Education, whatever; you must tell your audience what they ought to do.  Otherwise what is the point of you being up there speaking?  Ask for the sale.  Ask the audience to choose you.

Again these are just some of my personal strategies which I employ when debating something in public [well I guess sometimes in private as well, but that's just not as interesting].   Not all are effective at all times.  I tried to use 1-4 this week during my closing argument which worked out pretty well.  Remember, I only had 10 minutes to counter a 35 minute argument.  You are forced at times to pick your battles.  Unfortunately,  I forgot about Asking for the Sale, which was a huge blunder which was then pointed out by the Judge later.  Yuck, don’t put yourself in that situation.  Never forget that step[Note to self . . . ].

Anyone else have any other suggestions, comments, or strategies?