The Power of Persuasion in Small Claims Court

What if I told you that winning your case isn’t just about having the correct facts—it’s also about how you present them?

Below we break down a simple but powerful technique great lawyers use: the Ethos, Logos, and Pathos method of persuasion.

These three elements—credibility, logic, and emotion—can help you deliver a compelling argument that increases your chances of success in court.

Step 1: Start with a Clear Theme

Before you start preparing your submissions, take a step back and ask yourself: What’s the main point of my case?

A theme is a short, memorable statement that sums up your argument. Think of it like the moral of a story. For example, if your case is about someone breaking a contract and refusing to pay you, your theme could be:

“A deal is a deal—when you make a promise, you must keep it.”

This theme should run through every part of your argument, making it easy for the magistrate to follow your reasoning.

Step 2: Establish Credibility (Ethos)

Ethos is about showing the court that you are trustworthy, fair, and knowledgeable. Even if you’re not a lawyer, you can still come across as credible by following these three steps:

• Acknowledge your opponent respectfully – Start with a professional tone. You might say, “I appreciate my learned friend’s arguments, but I respectfully disagree on key points.“ This makes you look reasonable and confident.
• Recognize the other side’s argument—but show why they’re wrong – For example, if the other party argues that they don’t owe you money because of a misunderstanding, you could say: “They claim there was confusion, but the contract clearly states the payment terms.”
• Support your argument with reliable sources – If relevant, refer to contracts, agreements, or even past court decisions that back up your case.

By doing this, you show the magistrate that you’re presenting a fair and well-reasoned case.

Step 3: Use Logic and Evidence (Logos)

Once you’ve established credibility, it’s time to present your argument logically. This means:

Breaking down your points step by step – A great way to do this is by using three key arguments. For example, in a debt recovery case, you might say:

1. The contract clearly shows the agreed payment terms.
2. Messages and emails prove that reminders were sent and ignored.
3. Bank records show no payment was made.

Backing up claims with facts – Courts rely on evidence, not emotions alone. Use documents, receipts, contracts, and witness statements to prove your case.

Keeping it simple – Avoid complicated explanations. Stick to clear, straightforward language that a magistrate can quickly understand.

Step 4: Appeal to Emotion (Pathos)

While logic is needed, people—including magistrates—remember how you make them feel. This is where pathos, or emotional appeal, comes in.

You can do this by:

Using real-life examples – Instead of saying, “I was financially affected,“ you could say, “Because of this unpaid debt, I struggled to pay my rent and school fees for my children.”

Telling a relatable story – Imagine you’re in court arguing for delayed payments. You might share a story:

“This reminds me of my nephew, who was called slow because he learned to walk later than others. But he kept going, and eventually, he won his school race. In the same way, I fulfilled my contract, and I deserve to be paid.”

Emotional appeals should be genuine, not exaggerated. They help the magistrate see your side of the story on a human level.

Final Step: End with a Strong Conclusion

Your closing statement should:

Reinforce your theme – Remind the court of your key argument. For example:

“At the end of the day, a deal is a deal. I upheld my end, and I simply ask that the court enforces what was agreed upon.”

Clearly state what you want – Don’t leave the magistrate guessing. Be direct:

“I pray that the court orders the respondent to pay the full amount of Ksh 100,000 as per our agreement.”

Leave a lasting impression – End with confidence, showing that you believe in your case.

Conclusion

Presenting your case in Small Claims Court doesn’t require fancy legal jargon or years of experience.

By using a clear theme, establishing credibility (ethos), presenting logical arguments (logos), and appealing to emotions (pathos), you can deliver a compelling submission that persuades the magistrate.

Remember: It’s not just about what you say—it’s about how you say it. Present your case with confidence, clarity, and conviction, and you’ll increase your chances of success.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you need specific legal guidance, talk or chat at 0708111222.