[The following column is adapted from “The Winning Argument,” a book published by the ABA Section of Litigation and co-authored by Paul Mark Sandler, Ronald Waicukauski and JoAnne Epps.]
On the subject of how best to begin an argument, law professor James Jeans tells about a novelist who wrote for many years but could not get published. His novels began in a gentle, quiet way, developing the chronology of his tale and working up to a climax. There were good stories, but the writer remained unpublished until he decided one day to make a change.
The change was not to make the plot better or the characters more lifelike but to start the story with what had previously been Chapter Three. The rest, as they say, is history. The writer’s name is Louis L’Amour. Millions of copies of his western novels have been sold. Before the end of the first page of one of L’Amour’s books, Jeans reports, there are “shootings, knifings, ambushes, action galore.” His books grab his readers from the first paragraph. When you begin your argument, you should strive to do the same.
There are many ways to begin an argument, but Cicero believed that a primary function of the introduction was to ingratiate the speaker with his listeners. It is often a good idea to focus on eliciting goodwill to predispose the audience to accept what you are about to say before you begin. This technique was used to good effect by former Senator Dale Bumpers when he addressed the full Senate on behalf of President Clinton during the impeachment trial. He began as follows:
"Mr. Chief Justice, distinguished House Managers from the House of Representatives, colleagues, I have seen the look of disappointment on many faces because I know a lot of people thought they were rid of me once and for all. (LAUGHTER) And I’ve taken a lot of ribbing this afternoon, but I have seriously negotiated with some people, particularly on this side by an offer to walk out and not deliver this speech in exchange for a few votes. (LAUGHTER)
"It is a great joy to see you, and it is especially pleasant to see an audience that represents about the size of the cumulative audience I had over a period of 24 years. (LAUGHTER) You can take some comfort, colleagues, in the fact that I’m not being paid. And when I’m finished, you will probably think the White House got their money’s worth. (LAUGHTER)
"I have told audiences that, for over 24 years, I went home almost every weekend and returned usually about dusk on Sunday evening. And you know the plane ride into National Airport when you can see the magnificent Washington Monument and this building from the window of an airplane? I’ve told the students at a small liberal arts school at home, Hendricks, that after 24 years, literally hundreds of times, I never failed to get goose bumps. The same thing is true about this chamber. I can still remember, as though it were yesterday, the awe I felt when I first stepped into this magnificent chamber. So full of history. So beautiful. And last Tuesday as I returned after only a short three week absence, I still felt that same sense of awe that I did the first time I walked into this chamber …"
Note that this introduction makes no substantive argument about President Clinton. Instead, what Senator Bumpers sought, in the midst of a bitter political battle, was to elicit goodwill for himself and thereby to create a more receptive climate for the argument in the body of his speech.
The use of humor, as illustrated above, is one of the best ways to warm up any audience, but there are many other methods of arousing interest. Consider whether one of these might be appropriate and effective in your particular argument.
1. Make a startling statement that grabs attention.
2. Ask a question. By its very nature, a question directly requests a response from the listener, inducing thought about your argument.
3. Use a quotation.
4. Tell a story that leads to a relevant point.
5. Create suspense. Curiosity is a powerful motivating factor and can be aroused by raising an issue and holding back the answer or explanation.
6. Refer to the occasion or place. If there is any special significance to the occasion or location, mentioning it can stimulate attention.
7. Appeal to your listener’s self-interest. A listener will always be motivated to pay more attention if you can convince him that he will personally benefit from your argument.
8. State your purpose. A direct statement of what you hope to accomplish can set the stage.
9. Pay a compliment to you listener.
10. Talk about a personal experience of relevance to your argument, thus provoking curiosity about you.
11. Refer to the preceding speaker.
12. Start with the heart of your argument. Consider cutting to the chase and addressing your main points first.
As the truism goes, you never get a second chance to make a first impression. However you choose to begin, begin with energy, enthusiasm, and consideration of your rhetorical objective.