In-House Counsel

Oral Advocacy: One Weird Trick To Help You Answer Questions

'Yes' or 'no' are exceptionally good answers to questions. Try it sometime.

By  
on

Here’s a trick for oral advocacy:  When asked a question, answer it.

I understand that this isn’t as easy as it seems.

When the senator on television is asked about the illegal campaign contributions that the senator recently accepted, the senator doesn’t answer the question.  The senator says, “When I talk to people from my state, they’re not concerned about campaign contributions.  Voters are worried about jobs, and health care, and educating their kids.  I’m working every day to improve those things for my constituents.”

When you see a White House press spokesperson asked about who was fired yesterday, the White House press spokesperson doesn’t answer the question.  The spokesperson says, “I’m not here to talk about jobs in the White House.  I’m here to talk about jobs in the country.  Our focus is to reduce unemployment, and it’s at the lowest level in years.”

When you see a talking head on a Sunday morning show, and the talking head is asked a question, the talking head does not answer the question.  The talking head treats every question as an opportunity to filibuster.

This is not how people communicate.

Fight the noble fight!  Communicate.

Sponsored

If a trial judge, or a judge on an appellate panel, asks you a question, answer it.  And “yes” or “no” are exceptionally good answers to questions.

You want to talk endlessly about the general subject matter of the question?

If you really must, you can do that.

But later.

First, say “yes” or “no.”

Sponsored

That way, the person who asked the question knows what the answer is, and the questioner can doze off while you drone on, wasting your precious few minutes of argument because you can’t stop talking.

If you can resist, say “yes” or “no,” and then stop.

That’s great!  You answered the question, and you then let the questioner follow up with another issue that mattered to the questioner.  What a clever way to persuade people.

Can you imagine what would happen if a senator on television simply answered a question with “yes”?  I don’t think that’s happened in the history of man.  The interviewer wouldn’t know want to do.  There’d be a long pause, and some quizzical looks, and people would wonder if the equipment malfunctioned.

If a question truly can’t be answered “yes” or “no” during an argument, then come as close to “yes” or “no” as you can before launching into your explanation (which sounds convincing to you, but sounds like blather to the person on the receiving end of it).  If asked a question, you could say, for example, “The answer to that question, ninety percent of the time, is ‘yes.’  But there are a few exceptions, and they include . . . . ” 

That type of answer will show the judge that you’re trying to give a straightforward answer, and permits you to explain whatever the exceptions are.

But do not treat every question as an opportunity to filibuster.

I know that’s what you see on TV, and hear at every business meeting, and do with your friends over a beer.

But for a court argument, when asked a question, answer it.

Short, sweet, and definitive.

“Yes” or “no,” if possible.

Isn’t that weird?

Mark Herrmann spent 17 years as a partner at a leading international law firm and is now responsible for litigation and employment matters at a large international company. He is the author of The Curmudgeon’s Guide to Practicing Law and Inside Straight: Advice About Lawyering, In-House And Out, That Only The Internet Could Provide (affiliate links). You can reach him by email at inhouse@abovethelaw.com.

Topics

, , ,