The study of rhetoric is rooted in classical Greek philosophy and the mastery of rhetoric/argument was then seen as a desirable skill. ‘Rhetoric’, in modern times, is often used dismissively and seen as meaningless and perhaps manipulative as intimated in the phrase “mere rhetoric”. During the Presidential campaign, President Obama’s gift of rhetoric was often used to minimize the impact of his message—“oh he’s good at talking all right, but what is he saying?”

In the courtroom, you can use the same strategy. Frame opposing counsel’s oratory as ‘rhetoric’ and that becomes a code word between you and the jury for “meaningless and perhaps manipulative”. You, on the other hand, have “reality”—a truthful and honest account. (Just make sure you back up that assertion with some facts.)

Other strategies to underscore your adversary’s verbiage as meaningless rhetoric could include presenting yourself as consistent (where your opponent is inconsistent or ‘flip-flopping’) and producing scientific data to back up your claims (Symon, 2000). These tactics make your own presentation persuasive while throwing doubt onto your opponent’s presentation.   [Because these terms can be culturally loaded due to their use in the political sphere, be careful in choosing your dismissive or laudatory terms.  We recently advised a client to change his description of a wildly creative witness from “rogue” to “an innovator” because of the association with a former governor and budding news commentator.]

Symon, G. (2000) Everyday rhetoric: Argument and persuasion in everyday life. European Journal of Work and Organizational Psychology, 9(4), 477-488.

Related posts:

1. Simple Jury Persuasion: I’m too smart to fall for that!
2. Simple Jury Persuasion: Don’t tell me what to do!
3. Simple Jury Persuasion: If they say ‘No’, ask ‘why not’?
4. Simple Jury Persuasion: Alpha and Omega Persuasion Strategies
5. Simple Jury Persuasion: The ‘attitude alignment’ effect & persuasion

1. Jessica Bregant says:

   July 18, 2011 at 4:55 PM

   Blawg you should be reading: The Jury Room http://t.co/emswqoc — Today's topic – does Black + Gay = Likeable?
2. Paul Birch says:

   April 29, 2011 at 8:55 PM

   RT @changingminds: Keene Trial Consulting's 'Jury Room' — blog on persuading juries: http://lnkd.in/Cbs7W9
3. Dave Straker says:

   April 29, 2011 at 3:54 PM

   Keene Trial Consulting's 'Jury Room' — blog on persuading juries: http://lnkd.in/Cbs7W9
4. Alex Proaps says:

   January 12, 2011 at 2:55 AM

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5. Robert Richards says:

   August 8, 2010 at 2:28 PM

   We invite you to visit our firm blog (The Jury Room) for litigation advocacy ideas at http://keenetrial.com/blog/ (via @KeeneTrial)
6. Yosie Saint-Cyr says:

   February 12, 2010 at 3:18 PM

   RT @keenetrial Simple Jury Persuasion: She reminds me of my Grandmother… http://bit.ly/9by8RI
7. Cynthia Henley says:

   February 7, 2010 at 8:41 PM

   RT @KeeneTrial: Launching new blog feature Monday: Voir Dire Clinic (send us cases 4 voir dire question ideas) http://bit.ly/1YnQ4O / cool
8. julie campanini says:

   January 20, 2010 at 1:03 AM

   RT @KeeneTrial: New blog post: We act as we believe others expect us 2 act (clues 4 appearing confident in voir dire) http://bit.ly/1YnQ4O
9. Heledd Straker says:

   January 8, 2010 at 5:52 PM

   RT @Eline_Kullock: Generation Y: Just the facts http://migre.me/fTaM #millennials #geny
10. Chad Piotrowski says:

    January 8, 2010 at 5:24 PM

    RT @KeeneTrial: New blog post: Simple Persuasion Strategies: The Alpha & Omega Persuasion tactics http://bit.ly/U0rhA