2008•SSRN Electronic JournalOpen access
Winning with the Facts
David E. Sorkin
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Abstract
An effective statement of facts inclines judges to rule in your favor even before considering the matters in dispute. An advocate can comply with court rules prohibiting argument or comment while still emphasizing favorable facts and deemphasizing or explaining unfavorable ones. A statement of facts includes background facts, legally significant facts, and emotional facts, organized in a manner that is clear and at the same time supports the advocate's position.