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| *Ostroff, Fair and Company>>>Law & Legal |
Can a legal counselor be a rhetor? in What way? Can we compare legal counselors as chess players? |
Can a legal counselor be a rhetor? in What way? Can we compare legal counselors as chess players? http://en.wikipedia.org/wiki/rhetor... Rhetor was the Greek term for orator: A rhetor was a citizen who regularly addressed juries and political assemblies and who was thus understood to have gained some knowledge about public speaking in the process, though in general facility with language was often referred to as log么n techne, "skill with arguments" or "verbal artistry." ______________________________... Persuasion depends on communication, which in turn depends on meaning. Thus, the scope of rhetoric is understood to include much more than simply public鈥攍egal and political鈥攄iscourse. ______________________________... http://www.bergerkahn.com/bad_faith_tria... Like chess grandmasters, lawyers need to develop their skills in recognizing patterns, developing strategy, and assessing the best move鈥攇iven the circumstances. Grandmasters in chess excel in recognizing patterns and analyzing the consequences moves might have鈥攁nd then moving accordingly. In trial, the analysis is similar, but the patterns are more varied and complex. Lawyers have to analyze their opponents' moves, incorporate the judge's moves, and determine their own moves鈥攚hile monitoring the jurors' perceptions of those moves. Like Lewis Carrolls' Alice in "Through the Looking-Glass", the trial attorney is a living piece in the chess game鈥攁nd all the pieces have minds of their own. A schema is an image that is created to aid the process of thought or persuasion: a synopsis or a diagrammatic outline. People have schemas for everything that they have experienced. Lawyers have schemas for trial; non-lawyers do too. But non-lawyers' schemas are often informed by television (hence the CSI effect). Chess players have schemas for chess patterns and the consequences of their moves; grandmaster have more developed schemas than do novice players. Our experiences shape our schemas. Because our experiences can differ greatly, our individual schemas of鈥攐r perspectives on鈥攁 situation can differ greatly. You can more easily recognize adverse perspectives, and deal with them more effectively when you are aware that you too, are one of the chess pieces in the game. Creating a schema for a law case鈥攍ike the grid of a chessboard鈥攚ill help an attorney visualize the steps he/she needs to take. By using his/her theme to create a schema for the jurors will help him/her visualize how the evidence fits together. It will give the lawyer a context for the facts and allow him/her to use heuristics (investigatory speculations) to recognize the pattern of what the case is really about. The lawyer needs to set out his/her theme (subject/main point) of the case at the beginning. He/she must use that theme to guide every move. Throughout trial, as he/she brings out evidence and attacks the weaknesses in the opponent's story, he/she needs to elaborate on his/her them. In closing, the lawyer uses his/her theme to make the complex simple and the conclusion self-evident. If he/she does his job well, he will deliver checkmate. _______________________ http://search.yahoo.com/search;_ylt=a0ge... Along with a planned strategy, the key to a successful defense is execution. A good, experienced lawyer genuinely understands the method of implementing a well thought out case strategy. He/she would compare this to a game of chess where one needs to think of a move well in advance of his/her opponent. A good lawyer possess a chess master's mind for strategy. ______________________________... http://www.chesshistory.com/winter/extra... What is the relation between strategy and tactics in chess? What are the qualities of mind and temperament most necessary for the game? For the game of advocacy (lawyering) one wants a good digestion, a good temper, and a good clerk; and of these three the greatest is the good clerk. But in chess playing I have a suspicion that there is more of psychological influence than some people suppose. There are people who beat you before the game begins by the confident way in which they arrange the pieces, by the authority with which they make a move, almost by the way they look out of the window or drum their fingers while they are waiting for you to play. In nearly all games there is always an element of judgment and an element of execution. The game in which those two elements are most equally balanced, perhaps, is the game of croquet. But chess has the very odd quality that the executive element consists in nothing more than picking up a little wooden image and moving it, consistently with the rules of the game, to some other square. Chess, therefore, is a game in which the element of judgment is the overwhelming element from the first moment to the last. Though in chess, too, there is an element of luck. I mean that, for all but the greatest masters, the strength or weakness of our combination is not fully planned or appreciated in advance, and sometimes is much better (or worse) than we intended or expected. But there is no rule of chess that the winner must confess that he builded better than he knew.鈥?br /> ______________________________... |
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