Having thus given a thorough examination
to the case and clearly envisaged all those points
which will tell for or against his client, the orator
must then place himself in the position of a third
person, namely, the judge, and imagine that the
case is being pleaded before himself, and assume
that the point which would have carried most weight
with himself, had he been trying the case, is likely
to have the greatest influence with the actual judge.
Thus he will rarely be deceived as to the result of
the trial, or, if he is, it will be the fault of the judge.