Appellate Argument and a Judge's "Motivating Principles"

From Persuasive Litigator: "Aim Your Oral Argument at Your Judge's Motivating Principle"--

The essential lesson is that you need to adapt to your audience. But the legal arena, with its emphasis on the neutral standards of law, can sometimes trick advocates into a belief that success just depends on the correct application of law and facts. Without an appreciation of the uniqueness of your decision maker, however, you aren't really persuading. This post takes a look at this principle as it relates to Justice Kennedy's dialogue in the healthcare oral arguments.

The full post explains a three-step process for aligning your argument with a judge's motivating principles.

Comments

[Joshua Baron]

Great advice and great link. Associate'sMind had a great post a couple of weeks ago on cognitive biases that judges face.

http://associatesmind.com/2012/04/18/a-judges-mind-or-5-cognitive-illusions-of-judges/