Arguing Skills
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Welcome back to English for Lawyers, brought to you in collaboration with the Legal Writing Institute (LWI) and the India Justice Foundation (IJF). Today, we tackle a persuasive strategy: arguing lack of merit in the opposing party’s case.

Challenge the Argument:

There will be times when you need to counter the opposing counsel’s arguments. Here are three formal ways to argue that their claims lack merit:

  1. There is no merit in the opposing party’s argument, Your Honour… This is a direct and clear way to state your position.

Example: “There is no merit in the opposing party’s argument, Your Honour. The witness testimony they rely on is demonstrably unreliable.”

  1. The contention is devoid of any legal basis, My Lord… This is a more formal way to argue that the opposing argument lacks legal foundation.

Example: “The contention that the contract is void is devoid of any legal basis, My Lord. The terms were clearly outlined and signed by both parties.”

  1. The submission is untenable in law, Your Honour… This is a strong way to argue that the opposing argument cannot be upheld legally.

Example: “The opposing counsel’s submission that my client is liable is untenable in law. The evidence clearly shows they acted within their legal rights.”

Remember:

  • Maintain a respectful tone throughout your arguments.
  • Back up your claims with evidence and legal reasoning.
  • Avoid using overly aggressive or inflammatory language.

Bonus Tip:

Anticipate the opposing arguments and prepare your counterpoints beforehand. This will strengthen your position in court.

Stay tuned! Tomorrow, we’ll explore another key legal communication concept.

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