USER GUIDE (page 10)

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	FURTHER INFORMATION

[Refer to the PDF version of the User Guide for the correct formatting of this Table]

1. IDENTIFY YOUR AUDIENCE

‘As soon as the advocate becomes aware of the potential decision-makers and influential players that need to be persuaded, considerable progress has been made towards solving the client’s problem. Once all potentially relevant audiences have been identified, strategies for persuading them begin to emerge.’⁴⁸

To persuade an audience, you must first identify that audience. In litigation, you can sometimes choose your audience, to an extent. For example, sometimes you can choose the court in which to sue. Before you choose, assess the pros and cons of each potential audience, such as the powers and remedies available to the decision-maker.

If you can, find out which judge or judges the court has assigned to your case. If you face several judges—for example, in an appeal—then identify and target the judge or judges that will carry the numbers.

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⁴⁸Thomas Michael McDonnell, ‘Playing Beyond the Rules: A Realist and Rhetoric-Based Approach to Researching the Law and Solving Legal Problems’ (1998) 67 UMKC Law Review 285, 296.