USER GUIDE (page 15)

Sponsored links

(c) Adapt the style of your argument to the judge’s personality

‘Membership of the same crowd, even if it’s temporary, induces a sense of belonging which brings trust and acceptance. Shared experiences and demonstrated understanding suggest a common cause. So too does the deliberate choice of language which meets the varying needs of the members of the audience. I “see”, “picture”, “describe”, “map out” or “notice”, for those with a dominant visual sense. I “hear”, “listen”, “tap” or “strike”, for those with a strong auditory sense. For others, I “feel”, “reflect”, “consider”, “touch” or “empathise”. We are more trusting of those “we know” than those who are outsiders.’⁵⁷

Some persuasion theorists suggest that to persuade someone, you must know their personality and match the style of your message to the right personality type:⁵⁸ ‘“Do unto others as you would have them do unto you.” In other words, always speak the other person’s language.’⁵⁹

Many of these theorists use the ‘Myers Briggs Type Indicator’ (MBTI),⁶⁰ which derives from the work of psychologist Carl Jung.⁶¹ Again, Harry Mills gives the clearest, most practical advice we have found on tailoring your message to your audience’s personality type,⁶² though Mills deals with audiences generally rather than courts or judges specifically.

Table 1: Adapt your message to the specific audience

⁵⁷ Hugh Selby, ‘Arguing for Other Persuasions’ (3 August 2007) Lawyers’ Weekly Online (www.lawyersweekly.com.au/articles/Arguing-for-other-persuasions_z69915.htm) (accessed 20 October 2007). See also Hugh Selby, Graeme Blank, and Mark Nolan, ‘Special Issue: Persuasion Part I’ (2007) 9(10) ADR Bulletin 181, 181–2.

⁵⁸ See, for example, Peter Thompson, Persuading Aristotle: The Timeless Art of Persuasion in Business, Negotiation, and the Media (1999) 63.

⁵⁹ Harry Mills, Artful Persuasion: How to Command Attention, Change Minds, and Influence People (1999) quoting Matthew 7:12.

⁶⁰ See, for example, Isabel Briggs Myers et al, MBTI Manual (A Guide to the Development and Use of the Myer Briggs Type Indicator) (3rd ed, 1998).

⁶¹ See, for example, Carl Jung, Psychological Types (1921, English ed 1923), reprinted in Collected Works of CG Jung, Vol 6 (1976).

⁶² Harry Mills, Artful Persuasion: How to Command Attention, Change Minds, and Influence People (1999).