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Power of Our Words

Judge Arthur M. Monty Ahalt (Ret.)

History records the power of words in the affairs of mankind.Rudyard Kippling put it this way – “Words are, of course, the most powerful drug used by mankind.”

Kipling used this metaphor in a tinidazole cheap without a prescriptionhe made to the Royal College of Surgeons in London . He uses the comparison of words to drugs to describe the persuasive effect words can have on another person. As he says in the next sentence of the speech, “Not only do words infect, egotize, narcotize, and paralyze, but they enter into and colour the minutest cells of the brain. . . .” A vivid description of the ability of a person to use words to change and influence the way another person thinks and feels. Whether written or spoken, words have the power to change and transform the world around us.Words inspire emotions for good as well as bad – they inspire love and friendship or hate and anger.They evoke sympathy and compassion or judgement and rejection.Scripture records that God spoke the world into existence with words and that words have the power of life and death.

In the legal profession words are the tools of the trade – the secret to accomplishment of a client’s lawful objective. The transactional lawyer painfully chooses the words which “express the intent of the parties’ absent any ambiguity.
To the litigation lawyer words are the first vehicle of persuasion or as misused the delivery of destruction and misery. A really competent lawyer – what I call the winning lawyer – changes the choice of words in different arenas.

The wrong choice of words is the leading factor in an advocates failure to persuade.Remember now Aristotle’s Elements of Persuasion.
Logic
Emotion
Credible Believability

All three elements have to be accomplished largely through the use of words or pictures painted by words.Thus, in close case the lawyer who uses “verbal fisticuffs” LOSES THE EMOTION OF THE DECISION MAKER AND PERSONAL CREDIBILITY AND THEREFOR BECOMES UNWORTHY OF BELIEF. The confusing occasions of the mean spirited, sharp tongued lawyer winning the day are usually attributable to unbeatable facts and law. In other words no one – even the incompetent-could lose the case.

When the lawyer leaves the court room for the mediation room a major change in the choice of words is necessary for a successful end to a dispute. If a mediation lawyer walks into a mediation and in the opening statement starts to use sharp, mean spirited words it is almost impossible to rescue the mediation. On more than one occasion I have called a recess and asked to speak to each lawyer separately (without their clients) – usually picking the non-offending lawyer to go first. Privately, I can make sure that the lawyer knows the consequences of the chosen words and make some suggestions for a new choice of words. Suggestions like , “we could think about that”, “ I will consider that”, and “ that is an interesting point”.

Always Have a Plan

When choosing the words that will be used ask the question – what do I wish to accomplish by my words? Then choose the best words to accomplish that objective. Make sure you have a plan – then chose words to accomplish that plan. First write the words down then speak them then think about your choice again. When it comes to words always – Plan , Write, Speak and then Plan Again.

by – Judge Arthur M. Monty Ahalt ( Ret.)

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Preparation for Trial:

Chapter 3

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“As a general rule the most successful man in life is the man who has the best information.”

— Benjamin Disraeli

“The person who goes farthest is generally the one who is willing to do and dare. The sure-thing boat never gets far from shore.”

— Dale Carnegie

“The man who removes a mountain begins by carrying away small stones.”

— Chinese Proverb

This chapter will equip you to:

  • Determine what you want the Court to do for you and how you want the Court to do it
  • Learn how to determine what’s important and what’s not and then gather the important information
  • Begin preparing your case in a step-by-step way following Court rules and procedures
  • Understand the basics of the Rules of Evidence

Introduction

As a litigant you will likely walk into court with a number of disadvantages, any one of which can seriously undermine your claim and wind up costing you time, money and hours of frustration. Self-represented litigants are rookies without the benefit of trial experience or a law school education. They don’t have colleagues in the field to consult with or the ready resources of law firms. Where paid-attorneys can bill fifty or sixty hours a week preparing their cases for trial, more often than not you have a full-time job to tend to and your dalliances in the law are likely to be, at best an after-hours pursuit.

Additionally, you have the added prejudices of nearly the entire professional legal community to wrestle with – everyone from filing clerks and court reporters all the way up to his honor the judge – all of whom have probably endured disorganized, unprofessional self-represented claimants many times in their careers. Is it any wonder that they’ve learned to groan and roll their eyes? No doubt about it. As a pro se litigant you are out there walking the point alone.

All of which makes your pre-trial preparation all the more important. With all these things stacked against you, preparing your case thoroughly in advance – working through the points of law, assembling your evidence and preparing your witnesses – is the single most important step you can take to nudge your case over the finish line. In fact, it is better not to go to court at all than to go with a case that is ill prepared. If you have any doubts that you will have either the time or skills to prepare you would be better served delaying the action or handing matters off to a qualified attorney.

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Chapter 3

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“The court should be a place where anybody can come – whatever they have in their pocket – and be able to file a complaint in simple fashion and at least have somebody

give consideration to it and give them an opportunity to be heard.”

— Thomas T. Curtin, Judge, U.S. District Court

“It is not good to have zeal without knowledge, nor to be hasty and miss the way.”

— Proverbs, 19:2

This chapter will equip you to:

  • Understand the judicial branch of government
  • Learn what different legal terminology really means
  • Learn the proper way to proceed – there is an A to Z framework to follow

Introduction

This chapter is a quick flyover summary of the legal landscape and will acquaint you with our judicial system. Many of the elements touched on in this section will be revisited in subsequent chapters in more detail, while others are included to help give you a better hands-on grasp of the law and your place in it.

Types Of Law

There are four main elements that together comprise the rule of law and governance in our legal system: Constitutions, statutes, precedent or case law and rules or regulations. These elements are constantly evolving as the legislative, executive and judicial branches weigh in and add, change or take away the body of understanding that we know as the law. It is this change and mutual interdependence that constitutes the system of checks and balances the founding framers envisioned.

In the years following the end of the bloody American Revolution delegates from the 13 states assembled in Philadelphia to create a new framework of governing to keep the nascent union from sliding into rival factions and advance upon the hard won victories of the war. The tinidazole online, ratified in 1787, defined the structural components of our system of government and justice, assigning power to three separate but equal branches and establishing the limits of those powers. Coming from a tradition of tyranny, the founders sought to ensure that no one branch could ever concentrate such power that it could come to dominate the other branches. Instead, they established a dynamic tension that requires mutual dependence on the one hand, while permitting each branch certain oversight provisions affecting the other two…. tinidazole for sale

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“Through patience a ruler can be persuaded, and a gentle tongue can break a bone.”

— Proverbs 25:15

“Persuasion is clearly a sort of demonstration, since we are most fully persuaded when we consider a thing to have been demonstrated.”

— Aristotle, Discourse on Rhetoric

There are two critical elements in the successful presentation of any case in court. The first has to do with the substance of the argument and the claim; does the evidence support the argument and is the claimant entitled to what he is seeking? These are the nuts and bolts of your case and much of the rest of this book will focus on these things to equip you to manage your case through the legal system to a successful outcome. But, the second element – persuasion – is at least as important as the first, and while we will spend the rest of this chapter discussing what it is and isn’t, you won’t hear one word about where to find more of it.

That’s because persuasion is a skill that you have to discover – and develop – from within yourself.

Persuasion is the single most important element you must provide in presenting your case. With or without lots of solid evidence and testimony, if you succeed in persuading the judge or jury, you will win your case. Likewise, if you are unpersuasive in your presentation – even if you’re case is woven through with heavy cords of undisputed evidence – you will surely lose.

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