The foundation of modern advocacy was established by numerous gifted individuals in ancient times. Their writings and skillful advocacy were influential and admired not only during their time, but also throughout the ages, including today.

In Greece, there was Aristotle. His book "Rhetoric" is still relevant today. He suggested the three most important aspects of persuasion are ethos, pathos, and logos. Ethos is what the listener thinks of the speaker. Pathos is emotion, and logos is logic. Remember logic can be deductive or inductive. Deductive goes from general to specific, whereas inductive goes from specific to general. Be aware of logical fallacies, i.e., a false major premise.

There was also Demosthenes, one of the great advocates in history. His speeches against the encroachment on the Athenians by Philip II of Macedonia were eloquent.

In Rome, there was Cicero, a formidable trial advocate, orator, philosopher, and author. His writings, profound and prolific, covered a wide range of subjects. John Adams remarked, "All ages of the world have not produced a greater statesman and philosopher combined."

During his lifetime, Cicero observed the Roman republic fall into civil war and succumb to dictatorship. Often a staunch supporter of Republican rule, Cicero became the spokesperson for the Senate after the assassination of Julius Caesar. In this position, he assailed Mark Antony, a supporter of Caesar and consul, in a series of speeches he named after Demosthenes' Philippics.

His defense of the rule of law cost him his life. He was assassinated upon order of the second triumvirate, which consisted of Octavian, Mark Antony, and Lepidus.

Cicero's writings are still read today, often for insight into Greek and Roman oratory, and for presentations by advocates. One of the most famous trials in ancient history is the prosecution in Rome of Gaius Verres in 70 B.C. Verres was charged with abusing his office by stealing valuable works of art and government funds while occupying the position of questor in Sicily. Cicero was the prosecutor in the case. The well-regarded Quintus Hortensius defended.

Cicero was very tactical in his opening address to the jury. Trials at this time in Rome usually began with a lengthy oration, then proceeded to a discussion of evidence. Cicero, however, cut to the chase. He went straight to evidence after a brief introduction. He needed to keep his case condensed, so it could conclude before the scheduled August recess for Pompeii's Games. Consider this excerpt:

Today the eyes of the world are upon you.... This man's case will establish whether a jury composed exclusively of senators can possibly convict someone who is very guilty -- and very rich. Let me add that because this is the kind of man who is distin­guished by nothing except his criminality and his wealth, the only imaginable explanation for an acquittal will be the one that brings the greatest discredit to you. No one will believe that any­body likes Verres or that he is related to any of you, or that he has behaved well in other aspects of his life, no, nor even that he is moderate in his faults. No such excuses can extenuate the number and scale of his offenses.

One characteristic of Cicero's oratory at trial was his effective use of satire. Consider this example:

I come now to what Verres calls his consuming interest in Art, what a sympathetic friend of his might describe as his weakness and aberration and the Sicilians call highway robbery. I am not sure what name to attach it, so let me merely lay the case before you to judge on its own terms rather than by its name. Famil­iarize yourselves with the type of thing it is, gentlemen of the jury, and you will probably have little difficulty in applying the appropriate name to it.

Cicero knew exactly what to call the conduct of Verres but mocks the crime as a "consuming interest in art." He then piled on the evidence that he obtained after a lengthy investigation and allowed the jury to make up its own mind. Fearing a guilty verdict, Verres fled toward the end of the trial and was ultimately found guilty in absentia by the jury.

There is much to learn from Cicero, who always began his arguments by going straight to the heart of the matter and explaining why the opposing view was against the evidence. His contribution to the art of advocacy includes not only records of his trial performance, but also his many books and essays on persuasion.

(Sources: "How to Win an Argument: An Ancient Guide to the Art of Persuasion," by Marcus Tullius Cicero, edited by James M. May. "Cicero: The Life and Times of Rome's Greatest Politician," by Anthony Everitt.)