There is more to written persuasion through ethos—that is, credibility—than the characteristics of a competent professional. Credibility does not exist in a vacuum; it exists only to the extent that the reader perceives it. The relationship between writer and reader is where credibility comes to life. A successful persuasive writer is credible; that writer intentionally and artfully demonstrates credibility by connecting with the reader. Therefore, persuasion through ethos requires the writer to be both composer and conductor. A masterful performance creates positive ethos; a crude one falls flat.
Judges are in a unique position when it comes to persuasion through ethos. Where the lawyer can focus written persuasion directly on the judge, the judge must reach a much larger and less determinate audience. In this Article, I argue that judges can use relationship-building tools from cognitive theory to connect with the audience through their writing. But simply using the tools does not guarantee positive ethos. To create positive ethos, the judge must exercise emotional intelligence when using the tools of cognitive theory to connect with the audience in a role-appropriate and effective way.
