Making arguments and counterarguments

Would you play chess, football, or Halo without paying attention to what your opponent is doing?

Obviously not.  Lawyers also have to pay attention to the other side.

  • Lawyers are paid to make judgments regarding what the other side will say and do.
  • Lawyers are paid to make judgments regarding what a court or other adjudicator will say and do.
  • Lawyers are paid to solve problems.

In writing your essays (and in thinking through any legal problem), consider:

  • What is X’s best argument? That’s an argument.
  • What will Y’s best response be? That’s a counterargument.
  • Note that each side will consider the other’s in crafting their own arguments.
  • Get into the heads of either side. Empathize with their position. This is what good lawyers do.

Presented in review 11/23/15. Posted same day.