How To Make A Winning Argument, Pinchas

if you are ever sued by the law firm mahlah, noah, hoglah, milcah, and tirzah, watch out! in the pinchas torah portion, this firm won an eternal landmark case before the highest of authorities.

the portion pinchas notes that ” the daughters of zelophehad the son of hepher, the son of gilead, the son of machir, the son of manasseh, of the families of manasseh the son of joseph, came forward, and his daughters’ names were mahlah, noah, hoglah, milcah, and tirza, they stood before moses and before eleazar the kohen and before the chieftains and the entire congregation at the entrance to the tent of meeting, saying, “our father died in the desert, but he was not in the assembly that banded together against the lord in korah’s assembly, but he died for his own sin, and he had no sons. why should our father’s name be eliminated from his family because he had no son? give us a portion along with our father’s brothers. ”

after this presentation “moses brought their case before the lord. the lord spoke to moses, saying: zelophehad’s daughters speak justly. you shall certainly give them a portion of inheritance along with their father’s brothers, and you shall transfer their father’s inheritance to them.”

as an attorney, i have been blessed to not only do trial work but also do some appellate work. while trial courts have one judge, courts of appeal are increasing intimidating with multiple justices sitting in elevated positions. unlike trials in which facts and lies are ping ponged back and forth through examination and cross examination, appeals courts simply focus on established facts. it is all about the law and making persuasive legal arguments.

these daughters, in the pinchas portion, displayed the right stuff to a winning appeal in the following ways:

unified position

they presented a unified position with only one argument. in this matter, it was wise to not add a lesser argument to dilute their strong position. likewise, in this matter, there was the fear of overreaching. there was the larger question- why should daughters be viewed differently than sons?- that could have been presented. given the compelling facts, this reach was not necessary for the immediate win.

presentation

one’s presentation can influence others. standing is the most powerful position that one can take in litigation. i litigate in courtrooms in which traditionally attorneys are expected to sit during both examination and argument. theoretically, standing, at some point, could spur a game changing moment. a call of attention to score a winning point. in pinchas, the sisters powerfully stood together.

fearless

these daughters appeared before moses, the high priest and the entire congregation. many individuals would find that circumstance terrifying. as such, public speaking requires both practice and familiarity. practice brings a presentation closer to perfection. inevitably, however, even seasoned litigators buckle their knees rising up to argue before an appellate court.

laying out the facts

in the sister’s presentation, they calmly laid out the facts upon which they believed that would make the winning argument. a key to winning arguments is a fair and accurate statement of facts. not only were the facts accurate, they were presented in a manner that lead those judging the matter to understand the problem and the injustice that was present.

using a question as a form of argument

the sister’s presentation’s brilliance was rather than saying it is “wrong” to not give them an inheritance, they argues in the form of a question. the question presented the decision maker in the position to agree with them. this is far more effective than viscerally decrying something as unjust or wrong and hoping that justices wold be moved by guilt. sound logic is the better path.

solution

within their argument, beyond laying out their problem, they presented the result they wanted. at times, litigators get so worked up that they lose sight of of the relief being sought.

all in all, the firm of mahlah, noah, hoglah, milcah, and tirzah, presented a text book appeal. historically, what other firm can claim a victory from the highest of authorities?

be well!!

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