CLEAN SPEECH CLEVELAND

As President of the Board of a local non-profit organization (ORT America – Ohio Region), I was asked to participate in the 2024 Clean Speech Cleveland Campaign. This year’s campaign is focused on the importance of “onas devarim.” This Hebrew phrase stands for the prohibition against saying anything that would hurt or embarrass another person.

As a trial lawyer, I often find myself arguing with other people and trying to persuade them to agree with my position. One powerful technique is known as “reductio absurdum.” This Latin phrase describes an argument that proves itself by showing the opposite viewpoint is ridiculous.

For a trial lawyer, this may be an appropriate and worthwhile technique to master as it can be very persuasive. However, it’s likely a source of onas devarim. Demeaning the opposite viewpoint may help win an argument, but it is likely to hurt or embarrass the other person, which means it will not be effective in building consensus or encouraging anyone to change their minds. This is important to understand, because sometimes simply winning the argument is not the ultimate goal. 

For instance, in a jury trial, the key to winning is not just proving that I’m right and the opposing attorney is wrong. The key is teaching the jurors who believe I am right how to persuade the other jurors to agree. Certainly, demeaning and embarrassing the other jurors is not the best way to make them change their minds. Instead, treating them with respect and dignity and showing them that their viewpoint may be valid, but another viewpoint is more correct, is a better way to persuade them.