Paragraph 4 – Counterargument
This paragraph is meant to present another point of view that is basically the opposite of what you have stated in paragraph 3. It is called the counterargument paragraph, but try not to think of this as “against your client.” It is simply another way to view the way your client’s case compares with or contrasts from the precedent cases you have read.
To make this other point of understood to the reader, it is important to begin with a transition word or phrase. Commonly, the word “arguably” is used or the phrase “it can be argued that” is used to indicate that what is being written in this paragraph do not necessarily reflect the viewpoint of the author. Rather, this is simply another way to view your client’s situation as you bring in precedent cases. A transition word or phrase should be used each time you begin the comparison to or contrast from another precedent case.
For example, a typical counterargument paragraph may begin like this: Arguably, our case is different from Red v. Blue because unlike the worker in Red v. Blue who merely made a promise to perform the work of painting the house, the homeowner in our client’s case agreed in writing to pay a definite price for the work being done in the home.
For more information about paragraph 4, see video below.