How to Give a Good Closing Statement
It is a good idea to submit your final statement in written form. Ask the judge if you can provide them with your final written statement so they can follow how you present it. A judge doesn`t have to accept your final written statement, so ask them if they will. If they accept it, make sure all the key elements of your legal reasoning are included. I particularly like to use illustrations in the final argument to tell the story of the case. My partner created a storyboard that illustrates this technique. The first panel shows three musketeers in blue jerseys smiling at each other with their swords raised, representing three companies that have agreed to collaborate on a business transaction. The following table shows two musketeers in red jerseys talking to one of the musketeers in blue jerseys (with the other two musketeers in blue jerseys in the background) describing how one of our client`s partners secretly negotiated with two other companies to steal the deal. The third panel shows the traitor Musketeer stabbing the other two blue musketeers in the back with a sword, representing the traitor`s decision to steal the case for himself. The last panel shows the traitor musketeer with the other two red musketeers smiling at each other with raised swords. Everyone understood the fact that the accused had stabbed his partners in the back, despite the defendant`s promise to close the deal with our client and the other partner. Almost all the demonstrative evidence used in the closing argument is better than none. The goal is to attract the attention of jurors.
Lawyers should determine what types of evidence can help the jury decide the case and consult with professional artists in its creation. Again, if a case doesn`t warrant hiring an artist, a lawyer can create simple but effective paintings on a PC. It is almost always useful to create a damages table that lists the types of damages in question and the amounts that the lawyer would like to award to the jury. Some lawyers believe they may seem greedy when they ask the jury for a certain amount of money. The problem with this analysis is that juries have no idea how much money to allocate to certain damages, such as pain and emotional suffering. If they leave their own ideas for compensation, jurors will almost always award less than if the lawyer had asked for a certain amount. Therefore, your final plea should end with a concrete claim for damages. Of course, it is important to justify the request.
There are many resources that litigants can use to help develop arguments in support of compensation for routine damages. When creating a timeline, it is important to decide carefully when deciding what to include and what to exclude. The timeline must tell a story. Unimportant events should be excluded. Important events (for example. B the date on which the defendant was informed of a dangerous condition) must be highlighted. It is important that the lawyer has evidence to support each event on the chronology, or a court may ask the lawyer to remove the event from the chronology or exclude it from the final argument altogether. I have seen lawyers make closing arguments by simply summarizing the evidence presented by each witness, witness by witness. This style is not convincing. It`s boring. When the jury heard this testimony during the trial, the testimony appeared benign because it was mixed with hours of other testimony that the defense attorney named, presumably in an effort to mitigate the damaging confessions. But when critical testimony was played during closing arguments, the jury heard it in the right context, in the right order, and without peripheral testimony.
The jury actually gasped when it heard the testimony edited in the final statement. If you`ve already written good opening statements, chances are you already have an effective final argumentation sketch. Review your opening statement and compare it with the facts and evidence presented during the course of the case. While good closing statements simply describe what will happen in a dummy process, the best closing statements with these ideas go a step further by explaining how they support the case. Use concise language to make it clear how each piece of evidence supports your main point. When planning, it may be useful to use if-then statements to determine the causality of your argument. To help you compose the most effective ending of your speech, use a final argumentation sketch like the one below. Ideally, the final argument extends to a case topic introduced in the opening statement. For example, let`s say the question in the case is, « This is a case about how the defendant puts profits before safety. The final plea was to focus on how the defendant took shortcuts on a variety of safety issues that led to numerous accidents and ultimately the plaintiff`s death.
Don`t be afraid to argue in the final arguments – juries expect it. Appealing to emotions is important when the facts warrant it. My experience shows that jurors award higher damages when they are angry. Even if you have drafted a final statement, be flexible. Evidence may emerge in court that you didn`t expect, you may need to process your final statement during the process. The final plea is supposed to be the culmination of the case. This is your chance to be free from the rules that bound you when seeing and presenting evidence. There are few rules that govern the final argument.
As a result, it should be fun to watch. If you bore the jury, they may miss the point of your closing argument. Most jurors are used to seeing two-minute closing arguments on television. If you plan to chat for an hour or more (longer than an entire episode of The West Wing), you`d better entertain the judges or you`ll lose them. When it comes to fictitious processes or class debates, even good arguments without a strong final explanation can fall flat. Closing arguments conclude the argument of a trial or debate by linking the evidence to the allegation or verdict that the lawyer wants to join to the jury. Here are some examples of diagrams I used to conclude the arguments: (1) a diagram that identifies the defendant`s inconsistent statements; (2) a graph showing the top 10 reasons why the defendant`s defence was meaningless; 3. a pie chart comparing the sales figures of the transactions in question; and (4) a bar chart showing the defendant`s purchase history.
On two occasions, I saw the opposing counsel draft the final argument while I was presenting my argument. It`s a mistake. You cannot spontaneously prepare a conclusive final argument. I am preparing my last plea before the trial begins. Then I change the final argument during the study and practice it as often as possible. If you are the attorney or plaintiff, you must set aside time for rebuttal before you begin your closing argument. Check your mock trial rules. A final statement is made by a lawyer at the end of a trial after all the evidence has been presented, witnesses and experts have been questioned, and the theory behind an indictment or defense has been given. A final argument is the last chance a lawyer has to appeal to the judge and jury. [1] X Research Source This is why it is so important to write a memorable, factual and informative final argument. Some nervous lawyers read their final statement to the jury.
It`s boring. If you use tables, charts, etc., you can get rid of notes. There are many ways to present a final argument, and every lawyer should develop the style that is most comfortable for them. However, I have learned that there are certain elements that every lawyer should consider, regardless of style. In many cases, there are documents with critical language that can influence a jury`s decision. Instead of quoting the language during the closing argument, lawyers should consider using a projector in conjunction with an Elmo to display the language on a screen. .
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- On février 25, 2022
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