how does a lawyer close a speech

by Woodrow Dach II 5 min read

The closing speech is your final attempt to address the court. It should integrate the evidence the court has heard with your theory of the case and present your underpinning argument. In your final speech you should rebut or explain the evidence that weakens your case and explain how the law applies.

The lawyers' closing arguments or summations discuss the evidence and properly drawn inferences. The lawyers cannot talk about issues outside the case or about evidence that was not presented.Sep 9, 2019

Full Answer

What is the closing speech in a criminal case?

The closing speech is the final attempt to address the court. It needs to integrate the evidence that has been heard with your theory of the case. Both the Prosecution and the Defence have the opportunity to give a final speech. The closing speech should be short, but long enough to cover the ground and make any final impact. Cite This Work

Can the defendant’s solicitor give the opening and closing speech?

The attorney’s speaking style; The attorney’s comfort level with impromptu speaking The attorney’s ability to memorize a speech; Other roles the attorney might have in the case; In either case, the closing argument must be modified based on what evidence comes in; Using an outline. Certain parts can still be memorized (intro, conclusion, etc)

How to give a good closing speech?

Nov 14, 2016 · The Last thing you say and do will be the First thing they’ll remember! Your Closing has two parts. 1. “Tell them what you told them.” Summarize the highlights of your talk. 2. Give a Strong Closing! Summarizing Example from one of my …

How is the Attorney doing the closing argument being judged?

The closing is often planned early in the trial planning process. The attorneys will integrate the closing with the overall case strategy through either a theme and theory or, with more advanced strategies, a line of effort. The prosecution should also state the main points and be sure to give their side of the argument and to be emotional.

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What do lawyers say at the end of their closing statement?

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.

How do you write a closing speech?

Here are some options for ending your speech:Close with an inspirational quotation. Find a short quote that captures the feeling you want the audience to have. ... Include a call to action. ... Tell a story. ... Describe the impact of what happens if the audience does what you ask. ... Transition to Q+A. ... Match the opening sentence.Mar 31, 2016

What is closing statement lawyer?

Closing argument is the lawyer's final opportunity in a trial to tell the judge and/or jury why they should win the case. They do so by explaining how the evidence supports their theory of the case, and by clarifying for the jury any issues that they must resolve in order to render a verdict.

What do you say in a closing statement?

Generally, closing arguments should include:a summary of the evidence.any reasonable inferences that can be draw from the evidence.an attack on any holes or weaknesses in the other side's case.a summary of the law for the jury and a reminder to follow it, and.More items...

How long can a closing speech be?

“A good speech should be like a woman's skirt: long enough to cover the subject and short enough to create interest.” Typically, in a 3 – 5 day trial this means 30 to 45 minutes; if the trial has lasted a couple of weeks then perhaps up to an hour.

How do you start a closing message?

Formal Closing RemarksIt's been a pleasure being with all of you today, thank you.Thank you all for your patience, I wish you all a very good evening. ... It's been an honor to be among such accomplished individuals and to be able to present my perspective before you all, thank you and good evening/day.More items...•Oct 29, 2021

How do closing arguments go?

The defendant usually goes second. The plaintiff or prosecution is usually then permitted a final rebuttal argument. In some jurisdictions, however, this form is condensed, and the prosecution or plaintiff goes second, after the defense, with no rebuttals.

How long do closing arguments take?

Each closing argument usually lasts 20-60 minutes. Some jurisdictions limit how long the closing may be, and some jurisdictions allow some of that time to be reserved for later.

What are closing arguments in a hearing?

Closing arguments are crucial to confirm your version and at the same time refute the version of your opponent. The main purpose of closing arguments is to sensibly summarise your matter by focusing on all the facts that were proven in your favour during the hearing/arbitration by confirming the facts.May 2, 2021

What is a good closing statement for an interview?

Finish with a polite conclusion "I am grateful for interviewing with you today. You have given me a clear overview of the position. I think my experience and accomplishments can provide value to the organization. Is there anything else you need to confirm if I am the right candidate for this position?"Jun 9, 2021

How do you end a defense speech?

Here is a template and suggestions for writing a defense closing:The Greeting. ... The Thank You. ... Lack of Evidence. ... Echo Themes and Theories. ... Critiquing the State's Case. ... Burden of Proof. ... Highlight the Testimony from Your Witnesses. ... Conclusion.More items...

Why is a closing statement persuasive?

A closing statement must be persuasive, because it is delivered by one who supports a particular side of an argument. In the legal sense, a closing statement is delivered by the attorney on either side of the case: the prosecuting attorney and the defense attorney. If the defendant or plaintiff, the person or company on each side of the case, is unrepresented, meaning without a lawyer to argue on his or her behalf, he or she has the option to deliver a closing statement of his or her own creation.

How long does it take for a jury to close a case?

Closing statements take place only after both sides of the case have presented evidence and examined witnesses to the lawyers’ satisfaction. Sometimes this process takes up a few hours, but depending on the case and the specific charge, trials can go on for days, weeks, or months.

What is a closing statement?

A closing statement is a statement made at the end of a debate, or more often, a legal trial, delivered by a representative of each side of the case or debate. It is the last chance for both parties of said debate or trial to state their argument, and hopefully affect the verdict or outcome in their favor.

What did the Simpson verdict mean?

The Simpson verdict led to outrage among many Americans, as the rest of trial had seemed to indicate Simpson’s certain guilt. In both of these examples, the cases concluded in an unexpected way, reminding those watching or reading that no matter what, a trial is decided by a jury alone. For better or for worse, a closing statement, ...

What is the closing statement in To Kill a Mockingbird?

A very famous fictional example of a closing statement comes from Harper Lee’s ‘To Kill a Mockingbird.’. In the novel, Atticus Finch, a southern lawyer, must defend a black man against charges of rape and assault.

What is a fictional closing statement?

A Fictional Closing Statement Example: A closing statement often proves to be the most dramatic or memorable part of the legal process. The concept of justice and punishing those who have done wrong is inherently exciting for people, and fictional books and television shows play off that excitement all the time.

What is the final argument in a closing statement?

Final argument: The final words of a closing statement are often very passionate, demonstrating the importance of justice, and explaining how you and your client have used the legal system to prove guilt, if you’re prosecuting, or innocence, if you’re defending. Whatever you say in the final sentences of your closing statement, ...

Why do attorneys go into their opening?

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.

What is closing 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, ...

What is the purpose of closing statement?

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.

How to track evidence in a trial?

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.

How to convince a jury that the evidence is not proven?

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.

Can witnesses forget evidence?

Witnesses may forget key evidence. Attorneys conducting the direct and cross examinations may forget questions. Attorneys may forget the last step of offering an exhibit into evidence. Testimony and exhibits may be kept out the judge after the other side objects.

Can you memorize parts of an argument?

Certain parts can still be memorized ( intro, conclusion, etc) Body of the argument can be easily modified as trial progresses. Delivery style may seem often more natural. More difficult to use rhetorical devices. More difficult to implement themes in the body of the speech. Using a written speech.

What to say before closing a speech?

Before closing, tell the audience you are about to close your speech. It’s okay if your closing contains a surprise – but not if your closing is the surprise! Here’s an analogy. You’re on a trip and have been leisurely driving down the road for a while.

How to make a talk about money?

1. It should grab the attention of the audience and make them want to hear more. They are investing time, sometimes money, and opportunity cost (they could be doing something else.) 2. The next part is where you “tell them what you’ll be telling them.”. Give them your agenda. Opening Example from one of my talks:

Who concluded a stirring speech on the brink of the American Revolution?

Consider these examples of resounding speech conclusions from Patrick Henry , William Jennings Bryant and Winston Churchill. You can learn from these to spark your creative energy and capture the spirit of ending with a bang. On the brink of the American Revolution, the colonists were debating the war. Patrick Henry concluded a stirring speech on ...

What was Winston Churchill's speech about?

In the face of a German threat of an invasion upon England in World War II , Winston Churchill on June 18, 1940 called upon all of the British to brace themselves. He concluded his speech with the words that have become the title of the speech:

What was Patrick Henry's speech on March 23, 1775?

Patrick Henry concluded a stirring speech on March 23, 1775 with this: “Is life so dear or peace so sweet as to be purchased at the price of chains and slavery. Forbid it, Almighty God!

Do politicians end their speeches with a thank you?

Contrary to the prevailing practice of too many politicians and business and community leaders, the most influential speakers don’t end their speeches with a perfunctory and mundane “Thank you.” That’s too easy. And too lazy.

How do attorneys integrate the closing with the overall case strategy?

The attorneys will integrate the closing with the overall case strategy through either a theme and theory or, with more advanced strategies, a line of effort. The prosecution should also state the main points and be sure to give their side of the argument and to be emotional.

What is a closing argument?

A closing argument, summation, or summing up is the concluding statement of each party's counsel reiterating the important arguments for the trier of fact, often the jury, in a court case. A closing argument occurs after the presentation of evidence. A closing argument may not contain any new ...

What is the judge's presentation of jury instruction?

In some cases, a judge's presentation of the jury instruction is also known as summing up . In this case, the judge is merely articulating the law and questions of fact upon which the jury is asked to deliberate. You want to start with reminding the jury what the case is about.

Can you raise objections during closing arguments?

It is not custom ary to raise objections during closing arguments, except for egregious behavior. However, such objections, when made, can prove critical later in order to preserve appellate issues. In the United States, the plaintiff is generally entitled to open the argument. The defendant usually goes second.

What is the closing speech?

If you give it some thought and proper planning, your closing speech will be one that audiences remember long after you’ve left the podium. If you give it some thought and proper planning, your closing speech will be one that audiences remember long after you've left the podium.

What do you need to write a closing speech?

Things You'll Need. Paper. Pencil. The goal of every speech is to share something with an audience in an interesting, informative way. The structure of every speech is the same. “You tell them what you are going to tell them. You tell them. Then you tell them what you told them.”. These hold true for a closing speech as well.

What is the longest part of a speech?

Most professional speakers write the body (main points) first and then write an effective introduction and conclusion. The body of the speech is the longest part. The introduction and conclusion are usually about the same length.

What do people remember most about a conference?

People remember most the things that they hear first and last. If audience members have listened to several speakers and/or topics during a conference weekend, they can’t remember everything. It is the closing speaker’s job to remind them of the all-important take aways from the conference.

What is the difference between opening and closing?

The main difference is that an opening is an opening statement, but a closing is a closing argument. So the opening is not the opportunity for you to argue your case. Rather it is the time to tell the jury what evidence you believe will be presented so they know what to look for later on throughout the trial.

What is the job of a defense lawyer?

The defense lawyer’s job is to make sure that his or her client gets a fair trial, and that means that the defense lawyer must advocate for the client’s point of view. An mock trial opening statement is scored both on the content and also on delivery.

How long is the opening statement in a bench trial?

Usually for a bench trial, the opening statement is less than one half in length , and less time is put into the planning because judge’s don’t value the opening as much. But I do think you want to let the judges know what your strong points are ahead of time, much like a jury trial.

What happens when a defense lawyer is acquitted?

Usually when a defendant is acquitted (found “not guilty”), the jurors make that decision based on the fact that there was some small measure of doubt in their minds as to the defendant’s guilt.

Is opening statement important?

Yes, it is an important distinction to make. Opening statements are for outlining your case or “telling a story”, and closing arguments is for summing up your case and arguing. However, sometimes I will sometimes sneak a little arguing into my opening.

How to convince your audience that your position is correct?

You don't need to put down the other side; just convince your audience that your position is correct by using positive assertions. Use simple statistics. Don't overwhelm your audience with confusing numbers. Don't complicate your speech by going outside the standard "three points" format.

What is the job of a speaker?

Your first job as a speaker is to convince your audience that a particular problem is important to them, and then you must convince them that you have the solution to make things better. Note: You don't have to address a real problem. Any need can work as the problem.

What is the purpose of a persuasive speech?

The purpose of a persuasive speech is to convince your audience to agree with an idea or opinion that you present. First, you'll need to choose a side on a controversial topic, then you will write a speech to explain your position, and convince the audience to agree with you. You can produce an effective persuasive speech if you structure your ...

What is the standard speech format?

A standard speech format has an introduction with a great hook statement, three main points, and a summary. Your persuasive speech will be a tailored version of this format. Before you write the text of your speech, you should sketch an outline that includes your hook statement and three main points.

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Summary

  • A closing statement is a statement made at the end of a debate, or more often, a legal trial, delivered by a representative of each side of the case or debate. It is the last chance for both parties of said debate or trial to state their argument, and hopefully affect the verdict or outcome in their favor. Often, the closing statement is the most important and memorable part of the lega…
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Characteristics

  • There are several defining characteristics of a closing statement. First of all, any reference to a closing statement is usually referring to one presented at the end of a legal trial, though it can sometimes mean the final statement of a professional debate, or the conclusion of a speech. All three of these types of statements share similar qualities, however.
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Mechanism

  • A closing statement must be persuasive, because it is delivered by one who supports a particular side of an argument. In the legal sense, a closing statement is delivered by the attorney on either side of the case: the prosecuting attorney and the defense attorney. If the defendant or plaintiff, the person or company on each side of the case, is un...
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Trial

  • A closing statements initial purpose is to summarize the findings of the trial, which has already taken place before the statement is delivered. The findings of the trial include anything of merit that has been discussed or discovered throughout the case, such as what kind of evidence has been presented, and what sort of information the witnesses for both the prosecution and defens…
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Introduction

  • A closing statement needs to incorporate a few key elements in order to accomplish its goal, to persuade those listening of a particular fact or idea. These elements should be organized and addressed to both the jury and the judge, who are responsible for the verdict and the possible sentence, respectively. These elements include:
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Analysis

  • What has developed since: This part of the statement is more like a summarization of the trial itself. This is the part of your statement that should include any piece of evidence or testimony from a witness that favors your side of the argument. Anything that casts doubt upon the innocence of your client should, of course, be left out of your closing statement, unless you can …
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Significance

  • A closing statement often proves to be the most dramatic or memorable part of the legal process. The concept of justice and punishing those who have done wrong is inherently exciting for people, and fictional books and television shows play off that excitement all the time. A very famous fictional example of a closing statement comes from Harper Lees To Kill a Mockingbird. In the n…
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Quotes

  • For better or for worse, a closing statement, if crafted and delivered well, can turn the tide of a legal trial, and help you to succeed in winning the case, whether youre on the side of the prosecution or the defense. The power of persuasion and the ability to deliver a convincing statement is a highly sought after and powerful skill.
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