Choose an Approach that Will Appeal to the Court’s Conscience, by Kenneth F. Oettle, at Sills Cummis & Gross P.C.
This article, found at Sills Cummis & Gross, P.C. website, was originally published in the New Jersey Law Journal. It was later published in the Michigan Bar Journal (May 2008), and again in Ken Oettle’s book, “Making Your Point,” by ALM.
An except from this article:
To shape an argument, particularly in head-to-head litigation under the common law, where the focus is more personal than institutional, look for a fact or a fact scenario that purports to elevate the moral standing of your client over that of the other side, giving your client the white hat, the high ground.
Show the adverse party to have engaged in morally challenged behavior, such as violence, promise-breaking, deception, delay, self-indulgence, laziness, or lack of care. If the moral offense goes to (is within the confines of) the issue in the case (and sometimes even if it is not—but be careful there), you will give yourself a good chance to persuade the court that your client deserves to win and the other side deserves to lose.