Motions,
too frequently, are treated as a mere procedural routine. For a skilled
advocate, motions represent an invaluable opportunity to expose and
challenge many factors, both legal and extralegal, while pursuing the
goals of the chosen model of representation.
Action
Motions 2K10 are intertwined with an underlying strategy of
representation, a strategy constructed by combining, in various degrees,
persuasion, legalistic reasoning, influence and conflictineering.
We identified four
basic skills of advocates with descriptions of these skills in the
Models of Representation section. We summarize these skills here
with the icons we associated with each of these skills.
Persuasion
-- the power of a person's personality, expressions and
presence to win over and advance his or her position. |
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Influence
-- the capacity or power of a person to produce effects on
others by intangible or indirect means, best illustrated by
example with the term "political influence." |
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Legalistic
Reasoning --
reliance on law. |
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In practice,
each of these three systems
is most frequently combined with another of these systems. Once the representation
ends it is difficult to determine which of the systems was most responsible for
results.
Advocates
who are super-achievers use the fourth basic system with
combinations of these first three identified systems when
representing
individuals who are normally foreclosed from effective use of
the other three systems. This system is Conflictineering. |
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