Bar Tip of the Week: 5 Counterargument Tips

The Art of the Counterargument

With a majority of issues on the bar exam, there will be at least one element that requires a counterargument.  Remember to place your counterargument directly before your conclusion.

ONE

Back to the basics.  Remember what a counterargument is: When you counter-argue, you present a possible argument against your argument or some aspect of your reasoning.

TWO

You do not need to make one up, instead use the facts.  If the facts are not there, do not force it.  Be reasonable: Would everyone in the courtroom laugh if I made this argument?

THREE

Make it real.  Confront the difficulty, do not sweep it under the rug!  You will be a lawyer soon, if you have a client that has a claim, you would certainly inform him/her of any potential counterarguments the opposing party could make.

FOUR

Bring it back.  You have to finish strong, with your argument, not the counter.  Return to your argument by announcing: However, but, yet, nevertheless, or still, etc.

FIVE

There are numerous ways to consider the proposed counterargument:

• Acknowledge that it is valid but then argue that it is less important than your argument
• Refute it by showing that it is not valid under the given circumstances