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Closing Argument
Closing Argument
Closing Argument
Original Cochise County Courthouse, Tombstone Courthouse Historical Park, Arizona, 1882.
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.
1. An Introduction:
Attorney identifies themselves (or not)
Some attorneys begin with something like:“Your Honor, members of the jury, my name is (full name), representing the prosecution/defendant in this case.”
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
Briefly review what has to be proved (by you or the other side)
2. 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, was fired for reporting an illegal activity to his employer, the restaurant
Buddies Burgers.”
Could be combined with a brief overview of what the evidence has shown using general statements or through a descriptive story
3. A brief review of what you (or the other side) must prove or disprove
This is essentially the elements of the case
Do not delve too deep into legal terms or you will lose the jury’s attention
Talk about burden of proof
4. 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
Identify witness testimony and exhibits supporting each issue
Tell a the client’s story
Reinforce case themes
Help the jury tie things together in their mind
The organizational structure will vary depending on the case
5. A conclusion
Discuss the burden of proof (some put this near the beginning)
“This is a civil case and Plaintiff Landry Lopez must prove his case by a preponderance of the evidence.” (Explain briefly and illustrate with hands what a
preponderance of the evidence means)
Restate the theory of the case
“Oregon’s whistle blower law exists to protect, and encourage, employees to report illegal activity in the workplace. Mr. Lopez engaged in such whistle blower
activity and was fired for doing so. “
Tell the jury what you want
“For these reasons, after you have heard all the evidence, at the end of this trial we will ask you to return a verdict in favor of Landry Lopez.”
“At the end of the trial the State of Oregon will ask you to find the Defendant guilty of . . .”
“Based on the evidence you will hear, at the end of the trial the Defendant will ask you to return a verdict of not guilty.”
1. Practice
2. Find your focus, energy and commitment
3. Memorize your overall outline and the portions of the closing that you can
Memorize movement, inflections, and gestures to the extent you can
If notes are needed
Use them sparingly
Use a legal pad or clip board so they do not flop around
4. Talk directly to the jury
Don’t be afraid of the jury
Look them in the eye
Educate them about the case
Move closer (5-10 ft.) but not too close
Be natural so as to keep their attention
5. Strive to appear honest and helpful
Do not be overly aggressive in your argument style
Being overly aggressive can make one less believable
Help the jury – assist them in evaluating the evidence in a persuasive way
Do not shout except to make a particular point
Use rhetorical devices to persuade
6. Use conversational language that is engaging
Let the type of case dictate your style and tone
Example: A prosecutor might want to be more forceful whereas a defendant might want to evoke sympathy
7. Use legal terminology sparingly
8. Use body posture and movement deliberately and consciously
Maintain upright body posture (do not slouch)
Keep shoulders back to show confidence
Stay balanced
If you move make the movement coincide with transitions between points
Try not to change position more than 7 times in 5 minutes
Try not to fidget or have unnecessary gestures or body movements
9. Use gestures
Use gestures to create interest and drama
Gestures include the give, the show, the tell, and signposting
Don’t shy away from pointing to individuals in the court – the type of point may vary
If you are the prosecution and point to the defendant it will be using a harder accusatory “tell” gesture with a pointed finger
If you are pointing to your own witnesses it will be using an inviting open handed “give” gesture
10. Act professional and confident – even if you are nervous
Resources
Preparation Sheet
1 file(s) 4.03 KB
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