As a board member of the Northern Virginia Technology Council (NVTC), I recently had the pleasure of attending a breakfast featuring Supreme Court Associate Justice Antonin Scalia. He was there to talk about his new book, “Making Your Case: The Art of Persuading Judges,” coauthored with Bryan Garner. I found it fascinating that the tips he gave in his speech on judicial persuasion were almost identical to how we train our clients to succeed when speaking to a group or giving an interview.
Here’s a summary of what Justice Scalia had to say, and how it parallels our advice to clients on how to persuade an individual or a group of any size:
Know your audience. The cornerstone of any presentation – understanding who you’re speaking to, what they care about, and what will be most likely to sway their opinion. If you don’t know your audience, be it a reporter or a group, you’re unlikely to be persuasive (and likely to get yourself in trouble along the way);
Know your case. Whether you’re talking about a legal issue or presenting on a business topic, having a firm command of the details of your “case” is critical. You simply can’t influence others without a detailed knowledge of the subject matter – advance preparation, and attention to the details of the situation, are critical to success;
But…never overstate your case. Justice Scalia quoted the Latin expression falsum in uno, falsum in omnibus,” which means if you’re false in one thing, you’re false in everything. His point, true to PR as well as jurisprudence, is that you have to stick to reality. If you distort or exaggerate, you lose credibility and are found to be inaccurate or misleading…and you lose the argument.
Leading with your strongest argument, and never begin or end with a rebuttal of your opponent (do it in the middle). Justice Scalia’s point is that you should come out of the gate as strongly as possible. Refuting your opponents needs to be done, but not at the beginning where you should state your own case, or at the end where you don’t want to give your opponent the “last word.” It’s the same with communicating about product, service, cause, or idea. Begin and end strong, and discount opposite views or competitive products in the middle.
Raise weak points yourself. Another concept that’s very similar in marketing communications, where “the best defense is a good offense.” If you think something negative will come up, then you bring it up. Whoever raises the point first is on the offense and can define the discussion, versus being on the defensive if the issue is raised by others.
Go with your best arguments. We often counsel clients to develop key messages (i.e., their best arguments) and then use them strongly and repetitively. It makes sense that this would influence judges and juries as well. The point here is one of prioritization – instead of throwing everything against the wall to see what sticks, focus your discussion on your strongest points.
Treat people as intellectual equals. His final point is that others should be treated with respect and as equals, not as subordinates or less knowledgeable. Makes sense – people will buy a product, service, idea, or legal argument when they’re being talked to, not talked at.
No matter what your political or social opinions and whether or not they align with Justice Scalia’s rulings, his key points are very helpful when you’re developing a persuasive presentation – be it for clients, when pitching the media, or when engaging consumers directly.
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