Argument Category Archives

For litigators, persuasion is the name of the game.  We’re constantly striving to persuade judges, juries, other lawyers, opponents, and sometimes clients of the correctness of our factual and legal analysis.  In doing so we often convince ourselves – not just that our arguments are substantively correct, but also that we’re making them in the best possible way. This can be problematic.  A large body of social science research confirms something obvious but easily overlooked as we go about trying cases ...