The Persuasive Power of Civility

“ We are gentlemen

   That neither in our hearts nor outward eyes

   Envy the great nor do the low despise.”

- Pericles II, 3; A knight at the court of Simonides to Pericles

         Telling a story or using language to create outrage in your reader is more persuasive than merely showing how outraged you are. If an opposing brief misleads the court or tells a bold-faced lie (even if it is not actually in bold), you don’t have to sling indignance. You certainly shouldn’t call your opponent a “liar.” When you’re right, you’re right. Always take the cool, high road of civility. Simply point out to the court that your colleague’s citation to the record is incorrect or that the record does not support what they are arguing. Even better, when possible, use the inaccuracy to show that the record supports the opposite conclusion. We stand before the court to zealously advocate for our clients, not to assassinate the character of our fellow attorneys. After all, it’s their job to try to defeat you. You can’t blame them for trying.