Using the right words can be critical in shaping your argument. People like Shakespear would even create new words when the right words didn't exist. These words can be referred to as “key words” and are often used to achieve simplicity, a C.R.E.A.M power line, authoritativeness, or to properly describe the situation. Key words are necessary for the attorney to shape their argument the way they want.
SIMPLICITY
I have often argued that the genius is in the simplicity, but I have never argued that simplicity is easy to achieve. Finding the right key words might be necessary to simplify your argument.
Example: A defendant who flipped out as a reaction to being grabbed by the police could use the key words that it was a "reactionary reflex" to describe her actions, and not an intentional act.
C.R.E.A.M. POWER LINE
Key words can be used to create an effective power line, and are used in almost every C.R.E.A.M. acronym (Contrast, Rhyme, Echo, Alliteration, Metaphor).
Example: In a rape case one attorney argued this is a case of "Regret not Rape." These key words Contrast what the case is about with what it is not about. Further they make up an Alliteration, which can be Echoed throughout the trial.
AUTHORITATIVE
The more authoritative a word appears the more persuasive it is. This is because authoritative words add credibility to your argument. This is even more true if the word is a term of art specific to your argument. In law this often refers to legal terms.
Example: The word equivocate has the appearance of an authoritative word. During jury selection I’ve noticed judges are more likely to strike a juror for cause if I state the juror failed to unequivocally state he could be fair and impartial. The word unequivocally sounds authoritative and therefore gives more credibility to the argument.
DESCRIBING THE SITUATION
Sometimes the right words are necessary to describe the situation. These could be words used to invoke viscerals or words that definition’s are neither too broad or too narrow to adequately describe the argument. Without these key words you might fail to convey the essence of your argument.
Example: In a deposition a defense attorney asked an officer if he thought the defendant committed the crime at the beginning of the investigation. The officer responded he was a “person of suspicion”. If the officer had said “yes” the defense attorney would have argued the officer had “tunnel vision”. If he said no the defense attorney would have questioned him as to why they were looking into him so heavily. By referring to the Defendant as a “person of suspicion” they were able to adequately describe how they viewed the Defendant at the beginning of the investigation.
PRACTICE TIP
Go through books and speeches to find out which key words are used to shape the argument. Then go through your own arguments and try to find which key words you can use to shape your argument.
