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Publication Date

3-2023

Document Type

Article

Abstract

Lawyers spend a lot of time trying to persuade others. In this, they are not unlike most every other human being. Whether one spouse is trying to get the other to attend a sporting event they normally wouldn’t enjoy, or a car salesperson is trying to convince a potential buyer to buy the latest model convertible, or a doctor is trying to get their patient to stop smoking, all of us engage in persuasion a large portion of the time. It isn’t a stretch to say that persuading others, or at least trying to, is part of the fabric of human social life. ...

This Article consists of two main sections. The first section discusses some research about how humans process information and make decisions. The second section offers some suggestions about how to use this knowledge about decision-making and human psychology to be a more persuasive advocate. The overall goal is to try to answer this question: given what we have discovered about how the mind actually works, what can lawyers do to appeal to that mind and increase their persuasiveness?

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