THREE GENERATIONS OF PERSUASION, LAW

The challenge before every lawyer is to persuade an audience, whether it be a jury or a judge, with a sincere argument, three generations of attorneys named Limbaugh agree.

And some of the best persuasion comes from good speech, said Rush H. Limbaugh Sr., who at 104 is the oldest practicing lawyer in the United States.

Rush H. Limbaugh Sr., his son Stephen N. Limbaugh Sr. and grandson Stephen N. Limbaugh Jr. presented the first lecture in the Joseph H. Low Jr., series Monday at Southeast Missouri State University. The title was "Communication and Jurisprudence: A Three Generational Perspective."

The elder Limbaugh Sr., who taped his words in advance and was unable to attend due to poor health, passed his love of great speech onto his children and grandchildren. Stephen N. Limbaugh Sr. is a U.S. district judge in the Eighth Circuit. His grandson, Stephen N. Limbaugh Jr., is an associate justice on the Missouri Supreme Court.

"I take great pride in the lawyers in the family," said the Limbaugh patriarch. "They have done so much to help in the field of education and the law."

In his experience, trials often have been the scene of great speeches, he said. "Great lawyers made arousing addresses."

At age 10, Rush H. Limbaugh Sr., received a book of orations from his sister, who was a teacher.

"I learned from that the effectiveness of putting words in such a position and use that would enable those who heard the spoken word to understand better," said the elder Limbaugh.

After Limbaugh's videotaped speech, his son addressed the crowd of 250 in the University Center Ballroom.

"I tried to persuade them to let Dad go last," said Stephen N. Limbaugh Sr. "Dad always steals the show."

Although that attempt at persuasive speech failed, persuasiveness doesn't have to run in the family. It can be an acquired skill, he said, adding that lawyers must learn persuasive speech so that they can prepare witnesses for trial and address the jury.

"The purpose is to persuade," said Stephen N. Limbaugh Sr. "It's an attempt to convince the jury to find in favor of your client."

Since juries consist of a diverse group of people, lawyers can use a variety of techniques to present the case, he said.

The key to effective speech is to persuade an audience with credibility and reason in a genuine, sincere manner, he said.

"It's not enough to rely only on reason. Both sides take a reasonable position."

But the youngest Limbaugh warned against using the same persuasive trial techniques with appellate judges.

"Appellate judges are solemn, staid and humorless," he said. "We don't suffer fools gladly. But I can't paint a caricature like cousin Rush."

The radio personality Rush H. Limbaugh III is also the grandson of Rush H. Limbaugh Sr.

The junior Limbaugh advised young lawyers against playing to the emotions of appellate justices, patronizing them or even acting overzealously while arguing a case.

"The goal is to persuade," he said, adding that persuasion is best earned by credibility and reason. "It's difficult to show why your reason is superior to the reason of your opponents but to argue with genuineness and sincerity will give life to your reason and ultimately the reasonableness of your position."

Lawyers in the Christine Busalacchi case argued on points of reason not emotion, Limbaugh said, adding that it was the first appellate case he heard as an associate justice of the Missouri Supreme Court. He was appointed in 1992 by then-Gov. John Ashcroft.

Busalacchi's family asked the court for permission to remove her body from machines that were keeping her alive. At 22, she had lived for five years in a coma following a car accident.

The lecture was the first in the Joseph H. Low Jr. series which was created through an endowment given by Low's mother, Mildred. Dr. Low is a professor in the Department of Speech Communication and Theatre.