Originally from:

AAA Handbook on Commercial Arbitration, Third Edition

CHAPTER 14

PRESENTATION SKILLS: A QUICK REFERENCE GUIDE FOR ADVOCATES

Morley R. Gorsky

I. Introduction

The purpose of this chapter is to present an arbitrator’s perspective of what goes on at hearings, to assist those who appear as advocates and presenters for the parties, and to suggest ways in which they can improve their advocacy skills.

The following points represent some matters of advocacy, which while they may appear to be self-evident, can, if they are ignored, have an adverse effect on an advocate’s presentation. I expect that many will regard a lot of my “ways” as not being applicable to them. I would only ask that you hear me with an open mind and remember the words of Chuck Barris, the host of the long-canceled “Gong Show:” “Denial is not just a river in Egypt.”

II. Matters of Advocacy

A.  Tell Your Witness it’s OK to Tell the Truth

The best guide to good advocacy will be of little value if counsel is unwilling or unable to devote the necessary care and attention to the preparation of a case, including the proper preparation of witnesses. Counsel should tell witnesses they intend to call that they must tell the truth and that they must answer questions put to them.