ABSTRACT
In 400 B.C. if an ordinary Greek citizen of the educated class had a legal dispute with another citizen, he usually appeared and argued his own case before other Greek citizens and did so without the advice or help of a lawyer. Even so, he analyzed and argued his case with a near-professional competence and thoroughness. In preparing his case, he first determined the proper forum for his argument and identified the applicable law. He then determined which facts were most important, which legal arguments were meritorious, and which arguments his adversary might use against him. When choosing his strategies for the trial, he also decided how he would start, how he would tell the story of the case, organize his arguments, rebut his opponent, and close his case. Before actually presenting his arguments, he would carefully evaluate the emotional content of the case and the reputation of the judges. And, finally, he would assess how his own character and credibility might affect the judges’ responses to his legal arguments. In effect, he was analyzing and preparing his case in a lawyer-like fashion.
