Skip to content
  • CAREERS
  • CONTACT US
Search
Close this search box.
anthony ostlund logo
  • PEOPLE
  • LITIGATION
    • APPEALS
    • COMPLEX COMMERCIAL LITIGATION
    • EMPLOYMENT LITIGATION
    • FRAUD AND FIDUCIARY DUTY
    • FINANCIAL LITIGATION
    • OWNER/SHAREHOLDER DISPUTES
    • PLAINTIFF CONTINGENCY CASES
    • PROFESSIONAL MALPRACTICE
    • REAL ESTATE LITIGATION
    • TRUSTS AND ESTATES LAW
  • SUCCESSES
  • NEWS
  • ABOUT
  • FEE ARRANGEMENTS
Menu
  • PEOPLE
  • LITIGATION
    • APPEALS
    • COMPLEX COMMERCIAL LITIGATION
    • EMPLOYMENT LITIGATION
    • FRAUD AND FIDUCIARY DUTY
    • FINANCIAL LITIGATION
    • OWNER/SHAREHOLDER DISPUTES
    • PLAINTIFF CONTINGENCY CASES
    • PROFESSIONAL MALPRACTICE
    • REAL ESTATE LITIGATION
    • TRUSTS AND ESTATES LAW
  • SUCCESSES
  • NEWS
  • ABOUT
  • FEE ARRANGEMENTS

Lessons from Competitive Debate

  • November 29, 2018
November 29, 2018
Minnesota Lawyer – Partner Content
Author: Ryan M. Lawrence

High school and collegiate competitive debate is strange. At its highest levels, debaters outpace auctioneers as they argue matters such as law, public policy, and philosophy. Much of what is said is prewritten and read straight from the page.
To the casual observer, a debate round would be dizzying and look almost nothing like what one would expect. It is about the furthest thing you can imagine from two political candidates on the debate stage trying to chalk up as many sound bites as possible.
It would seem that an activity that has abandoned persuasive public speaking has little to contribute to the would-be lawyer, or to practicing litigators. Not so. When fanciful rhetoric goes unrewarded and competitors are judged mainly on the merits of their arguments the result is a fantastic training ground for making the types of arguments litigators must make on a daily basis.
Experienced litigators frequently make mistakes that young debaters are taught to avoid. Here are just a few:

1. Inefficiency

Common wisdom is that good writing begins with strong nouns and verbs. Debate is a timed activity, and debaters quickly learn that to succeed they must get the most out of each syllable. Flowery rhetoric just wastes time.
Attorneys have page limits (and often time limits) too. More importantly, the goal of any brief or oral argument is to convince a judge who is deciding the issues on the merits to adopt your client’s position. Yet we tend to junk up our briefs with meaningless introductions and conclusions (“Come now Plaintiffs so and so, by and through their counsel ….”). Introductions and conclusions should be concise and substantive. Legal prose is littered with nominalizations, e.g. “Defendant was in compliance with” as opposed to “Defendant complied.” Sometimes one page or more is dedicated to uncontested and uncontroversial issues like the standard of review.
Of course, succinctness has its limits. But we can all do better to use our briefing space and argument time wisely.

2. Repetition

Debate is structured as a set of alternating speeches, which typically have shorter time limits as the debate progresses. Novices tend to just repeat themselves throughout the debate. Really, the later speeches should be used to respond to what the other side just argued, such that by the end of the debate each argument has been responded to, those responses have been addressed, and so on and so forth. In this way, the judge is not left with just an argument and a response, but instead has the benefit of a back-and-forth that helps reveal which position is better supported.

 

related attorneys

Loading...

Ryan M. Lawrence

related practice areas

Loading...
AO-logo-initials

90 SOUTH 7TH STREET, SUITE 3600
MINNEAPOLIS, MN 55402
P 612.349.6969       F 612.349.6996

 

© 2021 ANTHONY OSTLUND LOUWAGIE DRESSEN BOYLAN P.A.
ALL RIGHTS RESERVED.

  • 651•312•6500
  • 651•312•6618
  • People
  • Litigation
  • Successes
  • News
  • About
  • Fee Arrangements
  • Careers
  • Contact
  • People
  • Litigation
  • Successes
  • News
  • About
  • Fee Arrangements
  • Careers
  • Contact
  • PEOPLE
  • LITIGATION
    • APPEALS
    • COMPLEX COMMERCIAL LITIGATION
    • EMPLOYMENT LITIGATION
    • FRAUD AND FIDUCIARY DUTY
    • FINANCIAL LITIGATION
    • OWNER/SHAREHOLDER DISPUTES
    • PLAINTIFF CONTINGENCY CASES
    • PROFESSIONAL MALPRACTICE
    • REAL ESTATE LITIGATION
    • TRUSTS AND ESTATES LAW
  • SUCCESSES
  • NEWS
  • ABOUT
  • FEE ARRANGEMENTS
  • PEOPLE
  • LITIGATION
    • APPEALS
    • COMPLEX COMMERCIAL LITIGATION
    • EMPLOYMENT LITIGATION
    • FRAUD AND FIDUCIARY DUTY
    • FINANCIAL LITIGATION
    • OWNER/SHAREHOLDER DISPUTES
    • PLAINTIFF CONTINGENCY CASES
    • PROFESSIONAL MALPRACTICE
    • REAL ESTATE LITIGATION
    • TRUSTS AND ESTATES LAW
  • SUCCESSES
  • NEWS
  • ABOUT
  • FEE ARRANGEMENTS
search
disclaimer
Linkedin
Join Our Email List

© 2021 ANTHONY OSTLUND LOUWAGIE DRESSEN BOYLAN P.A. ALL RIGHTS RESERVED.

This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. Cookie settingsACCEPT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT