ABSTRACT
For the advocate, a hard case is one in which there is no statutory rule or mandatory precedent leading to a favorable conclusion for the client. Persuasion scientists describe the persuasion appropriate in these situations as response shaping; response reinforcing; and response changing Intuitive connections are made when the advocate invokes embedded knowledge frameworks through analogy, metaphor, and characterization. Metaphor and analogy have the power to make and break connections because they first invite and then enable us to see one thing "as" another. Although it is helpful to the advocate to understand how these comparisons differ, more important than distinguishing among analogy, metaphor, and characterization is being able to take advantage of the difference between their novel and their conventional uses, most often described with reference to metaphor. To make a thoughtful and informed decision about which comparison to use in a particular case, the advocate should consider how they filter and frame the understanding of problem before them.
