1.
PERSUASIVE ADVOCACY
KANNAN KUNNATHULLY
ASSISTANT PROFESSOR
SCHOOL OF LAW

2.
MEANING
Persuasion is convincing others to change their
point of view, agree to a commitment or take a
course of action.
Persuasion, the process by which a person’s
attitudes or behaviour are, without duress,
influenced by communications from other
people. (Britannica – psychology)
WARNING :- Banned in may countries including United State of America

3.
How you perceive things?
By your five senses. (touch, smell, see, hear, taste) skin, nose,
eyes, ear, Tongue)
But what ever you are perceived is actually processed in the
brain. And this brain is connected with the bridge between the
body and soul which we call as mind. (sixth sense)
This aspect of the data processing is a matter of psychology.

4.
WHY ART OF PERSUASION
An advocate should be concentrate more on the
psychological aspect of processing legal data (facts,
circumstances, legal principles, law and interpretation)
in the mind of the judge.
This is useful for both written and oral submissions. In
written submission the persuasive drafting can be
applied in a wider sense.
But in the oral submission, it can be precise and to the
point.

5.
Cont……..
Gibbs CJ observed: “…written words remain
and the written outline of submissions
remain visible when the sound of Counsel’s
voices no longer vibrates in the memory…”

6.
Why to persuade?
To answer this, first has to understand what judges do.
What is judicial process.
It is dealing with the psychological point of view of
decision making process.
If some thing is happening in the mind of judge in
decision making process, we should concentrate on his
mind for a favourable decision. (rather than
concentrating to his other sense.
Some people are quite natural to make persuasive
arguments. Charismatic leaders, advocates etc.
Rest of the people get it by practise.

7.
Tools within the tool.
persuasion is a tool but for doing so we need
the help of other important tools (which
includes Neuro Linguistic programming (NLP),
Conversational Hypnosis, subliminal
messages, micro expressions,)
Good gesture, professionalism of all kind are
further tools for the above.

8.
What is NLP?
Understanding how the mind process things, advocate want to
structure his argument which is friendly for the judges mind.
Principles of NLP actually aims for this.
E.g.:- there are certain words that makes you angry and happy.
(touching your emotion).
It is not the word that create emotions, but the way in which it is
processed creates emotions.
EG;- (‘I will kill you’. This statement if used by a baby, couple in
bed room, rowdy, judge, god). Each may mean differently.
The context in which the sentences are used is important

9.
Hypnotic suggestions
Targeted words aimed and concentrated to bye pass conscious
mind and sneak into the sub-conscious mind.
Today is a fine day.
You are looking good.
What is Passing thorough my knowledge about ……………
An Order may be reserved, (my lordship, your honour).
The circumstances are Favourable to (your party) my case).
To my client, he is law abiding citizen, will be a justice
ensured.

10.
Conversational Hypnosis
EG- when judge is very angry with you, what you will
do.
Try to understand why he is angry. Use comforting words
that indirectly relax him (instead of saying ‘relax judge’
you can use ‘ I agree that you have a very good reason
to be angry with me’ , ‘ I agree on your point’,

11.
Conti……..
When a positive word is repeated, the mind will
accept it.
Judge is failing to repeat positive statement to
his mind. You can repeat positive statement that
what you said is processed positively in his mind.
This is what mind is waiting to hear.

12.
Tricky application
If any of the positive statement is accepted by mind
There is a good chance that your next command is also
accepted. (if three statement is taken , fourth one will be
automatically taken by the judges mind.
That word should not be a statement
‘but it should be a command’
E.g.- Mind accepts command. But there is a block for external
command. Put in track and then command.

13.
Disguised command
So conversational hypnosis is used to make a command
without judge understanding that it is in the command form.
‘Favourable order is expected from you, which is demanded
by law’.
In the above statement Advocate is only seeking what is
demanded by law. First part is a request but the second part is
a command.
Judge in such case will accept your request and the command
of law.

14.
warning
Persuasive advocacy are banned in many state
including USA.

15.
THANKS