Consider a hook to begin your closing A hook is a sentence or short paragraph which serves as an attention grabbing device See section on advance public speaking techniques Keep telling your client’s story Use descriptive, emotional content Use …
Guide to Writing Closing Arguments. Purpose: To persuade the jurors to adopt your view of the significance of the evidence and your view of the case. Attorneys are free to argue the merits of their case: “As we know from Witness A’s compelling testimony, Event X occurred, which clearly establishes who should be held responsible in this case
Oct 31, 2011 · Lest I get ahead of myself, though, the steps in drafting your closing argument should include at least the following: Listen to the Case Carefully. Listen to the witnesses, the evidence presented, and the Court and opposing counsel with the theme of your case repeating like a well-memorized mantra. Also, look for the Big Mistake made by the ...
During trial, the closing argument is the attorney’s final opportunity to address the jury in hopes of securing a favorable verdict. For the purposes of this event, your closing argument will be your only appearance in front of the jury. You should, however, address
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If they have already been introduced, many attorneys just go right into their opening to save time, create drama, and make it look more like a real trial. Using a hook to begin. The closing attorney has a lot more flexibility than the opening attorney. Closing is a persuasive argument.
Closing is a persuasive argument. Briefly review what has to be proved (by you or the other side) Theory of the case. One or two sentences which tell the jury what the evidence has shown in the context of your theory of the case. “The evidence has shown by a preponderance of evidence that my client, Landry Lopez, ...
Objective: The closing statement is the attorney’s final statement to the jury before deliberation begins. The attorney reiterates the important arguments, summarizes what the evidence has and has not shown, and requests jury to consider the evidence and apply the law in his or her client’s favor.
Ways to track evidence include: Memory (fallible) Notes (cumbersome and hard to access) A master outline to checking key items off of as they come in (better) Keeping a flow chart (better) Outlines: Prepare in advance. List the key facts for each witness.
Do not delve too deep into legal terms or you will lose the jury’s attention. Talk about burden of proof. Tell the jury what the evidence has (and has not) shown and how the elements that need to be shown have (or have not) been proven. Focus on the key issues.
Closing attorneys can only talk about what evidence came in at trial#N#Witness statements are not evidence (unless they were admitted to impeach a witness)#N#Exhibits are not evidence unless admitted#N#What an attorney said in their opening statement is not evidence
Lest I get ahead of myself, though, the steps in drafting your closing argument should include at least the following: 1 Listen to the Case Carefully. Listen to the witnesses, the evidence presented, and the Court and opposing counsel with the theme of your case repeating like a well-memorized mantra. Also, look for the Big Mistake made by the opposing client. 2 Highlight Supporting Information for Future Reference. Highlight any testimony, and comments by the Court that support your theme in the case, as well as your perception of the Big Mistake made by the opposing client. 3 Identify Two or Three Main Points in the Case. Identify two or, at most, three main points relevant to the Court’s consideration. 4 Fit the Supporting Information into Your Outline. Take all of the highlighted information that you thought was helpful and place it into the outline that you have created. 5 Create a Catchy Introduction That Summarizes Your Assessment of the Case. After you have created an outline, complete with supporting information, craft a pithy, catchy introduction with which to start your closing.
A cohesive structure for your argument is the very foundation of what makes it compelling and easy for the Court to digest completely, with all of its nuances.
A Big Mistake is the part of a case in which the opposing client submits testimony or evidence that substantially undercuts his initial assessment of the case. Listen to the case carefully to identify that Big Mistake.
If a witness provides a good anecdote about the evidence, place it in the outline. At this point, do not be judgmental about what you include. Just list it all.
At some point in the middle of your closing, make sure to identify the opposing client’s Big Mistake to undercut the opposing case. It is best to do so in the middle of the case so that the court does not view this technique as unnecessarily negative or overzealous.
Fit the Supporting Information into Your Outline. Take all of the highlighted information that you thought was helpful and place it into the outline that you have created.
Listen to the Case Carefully. Listen to the witnesses, the evidence presented, and the Court and opposing counsel with the theme of your case repeating like a well-memorized mantra. Also, look for the Big Mistake made by the opposing client.
1) Start communicating the trial theme during voir dire. Studies have shown that often jurors decide who they think should win after voir dire and opening statements, Soto said. 2) Establish credibility. You want to hook jurors with your opening statement.
Opening and closing statements are the bookends of your trial, and offer a chance to tell your client’s story, framing it the way you want the jury to hear it. A solid opening statement gets the trial off on the right track.
A good opening statement demonstrates your sincerity, knowledge of the facts, confidence and likeability all at the same time. “You don’t want to over-promise or under-deliver in your opening statement,” Soto said, adding that there’s no such thing as being over-prepared. 3) Tackle any unfavorable facts head-on.
A good closing argument reviews the evidence presented at trial. If you can, practice your closing with other attorneys on your team or with consultants. “It’s no different than an oral argument, the preparation is the same,” O’Donnell said. “Think about what you want to tell the jury.
The On-Demand CLE program was sponsored by the ABA Center for Professional Development, Section of Litigation and Young Lawyers Division. Attorney Steven A. Weiss, a partner in the Chicago office of Honigman Miller, also participated on the panel.
If any pins, or doubts that are reasonable, are left standing, the state did not do its job. In closing, tell them there are three pins left standing, and when there are reasonable doubts that a defendant committed a crime, the law demands an acquittal.
Closing argument is not an art. Some attorneys say that it is, but it’s not. It can be art ful, but for every closing argument, there is a bricks and mortar foundation for delivering a persuasive summation. In trying jury cases as an assistant public defender in Clearwater, Florida, I developed a system for closing argument.
It doesn’t get more basic than arguing the facts that came into evidence during the course of the trial. Go through the evidence received through the witnesses and the documents. Focus on the facts that help your position. Focus on your star witness and the segment of testimony that makes your case. You should also focus on the deductions and inferences that the jury should take from the evidence. Stay within the evidentiary boundaries and do not argue facts outside of the record.
Reference Specific Evidence . You should review key pieces of evidence. Include documents, photographs, expert testimony, and witness testimony. You can’t review everything that a witness said. Be careful not to repeat all of the chronological events of the trial. Hit the testimony highlights and the “smoking gun” phrases that establish your case. Consider quoting the testimony during closing argument with a pull quote (displayed on a projector/monitor ). If you have a great document, put it on screen and point out the important language to the jury. Many people are visual learners and the jury will likely respond better if they can make a visual connection to the evidence. Finally, if certain exhibits were admitted into evidence that help prove your case, tell the jurors that they have a right to examine the exhibits during their deliberations.
If the jurors do not have the Jury Charge in front of them, use a projector/monitor to display the Jury Charge during closing argument. Address each question and provide an answer to each and every question in the Jury Charge. Things to Avoid .
Focus on the facts that help your position. Focus on your star witness and the segment of testimony that makes your case. You should also focus on the deductions and inferences that the jury should take from the evidence. Stay within the evidentiary boundaries and do not argue facts outside of the record.
Make it Memorable . Begin and end with emotion. Jurors often remember the first and last things that they heard. Your beginning and ending sentences/phrases should be memorable. Appeal to the emotions of the jury, if the case warrants an emotional response. End the summation with strong closing remarks.
Be prepared to explain the bad facts, which will: (1) defuse the arguments of opposing counsel, and (2) provide additional support for the credibility of your theme. Tell the jury why your client wins, even though negative facts and issues have come to light.
Finally, if certain exhibits were admitted into evidence that help prove your case, tell the jurors that they have a right to examine the exhibits during their deliberations. Expose the Credibility of the Witnesses . Often, the jurors will form opinions about the credibility of each witness that testified at the trial.