what a lawyer say in closing argument

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.

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How to write a good closing for a legal argument?

Your argument is drafted. You breathe a sigh of relief. But now, according to communications experts, you need a catchy introduction. This introduction will grab the Court’s attention and give you the momentum to deliver your closing with an appropriate level of enthusiasm. It should complement your theme.

What does the judge do before closing arguments begin?

The judge usually indicates to the lawyers before closing arguments begin which instructions he or she intends to give the jury. In their closing arguments the lawyers can comment on the jury instructions and relate them to the evidence.

What to do when defense counsel is presenting his closing argument?

While defense counsel is presenting his or her closing argument, take notes of a few points you can address quickly without reference to complicated evidence. When defense counsel is finished, the jurors are ready to deliberate, so rebuttal should be short and snappy.

What do lawyers have big hopes about closing a case?

We have big hopes about closing when we hear bits and pieces of our client’s and other witnesses’ comments, the judge’s rulings and thoughts, and the other lawyer’s arguments. And we can practically taste how wonderful our closings will be as we view the trial during each of these stages.

What do lawyers say at the end their speech?

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.

What can be said during closing arguments?

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...

What is an example of a closing argument?

Imagine that the case involves Bob, who is on trial for the murder of his neighbor in a random drive-by shooting. The closing argument might go like this: 'In the O.J. Simpson case, the judge said, if the glove doesn't fit, you must acquit. Well, those words ring true to the case you just heard.

How do you end a legal argument?

The judges will interrupt you with questions as they wish. Answer their questions directly and use your roadmap and outline to find an appropriate place at which to continue arguing. When you have finished your argument, end with a clear statement of what you are asking the Court to do (a "prayer for relief").

What is the golden rule in closing arguments?

The Golden Rule. During closing argument, the attorney for the plaintiff may not ask the jury to place themselves in the place of the plaintiff when deciding how much the plaintiff should be awarded as compensation for the legal wrong in question.

How do you end a defense speech?

The Thank You. It has been a pleasure to appear before you in this important case. We appreciate your attention throughout this matter, and we thank you for listening to both side equally as you promised you would do in jury selection.

How do you write a closing argument in a court case?

Guide to Writing Closing ArgumentsFactual Evidence. How it supports your case.Factual Evidence. How it supports your case.Factual Evidence. How it supports your case. Comments on the credibility of witnesses: How do the puzzle pieces of evidence and testimony fit into a compelling whole?

What is a closing statement?

A closing statement, also called a HUD-1 statement or settlement sheet, is a form used in real estate transactions with an itemized list of all the costs to the buyer and seller.

How do you write a closing argument for a plaintiff?

Summarize the facts that have been presented through the evidence. Stress how these facts have confirmed the representations that you made in opening. Point out where your opponent has not been able to support statements made in opening. Explain the areas where your case has had weaknesses.

How do you write a closing submission?

So, the closing statement should:(a) introduce each disputed issue, giving the background, stating why the issue is important;13.(b) state the best points first and last – those that prove your client's case as well as those that refute other case theories;More items...

How do you end a letter to the court?

Close the letter with "Respectfully." The proper way to close a letter to a judge is "Respectfully," followed by your full name on the line beneath. You may write "Respectfully yours," or "Respectfully submitted," if you prefer.

How do you close a debate?

Concluding the Debate Speech. Write a strong conclusion. At the end, you should reiterate your overall stance on the topic to reinforce your position. It's a good idea to conclude with your intention to do something and with a strong appeal for action as well.

How to write a closing argument?

To write a closing argument, start with your theory of the crime, which you should try to bring up within the first 30 seconds of your closing argument. Then, review your evidence by taking the jury step-by-step through the facts of the case from your side's perspective.

How to make sure everyone understands your closing argument?

To make sure that everyone in the jury understands your closing argument, also avoid technical or legal terms. The average juror has a sixth grade education, so don't alienate people by trying to sound “lawyerly” or “smart.”.

How to help jurors remember information presented throughout the trial?

To help the jurors remember the information that was presented throughout the trial, and to make sure that the jurors remember the important parts of your closing argument when they begin deliberations, use visual aids during your closing argument.

Why do you use rhymes in a jury trial?

You may also use rhymes and phrases to drive home your argument to the jury. For example, during the famous O.J. Simpson trial, the defense attorney coined the phrase “if the glove doesn't fit you must acquit” to make sure that the jury would not forget an important piece of evidence: the glove. ...

What is the closing argument in a trial?

A closing argument is the last chance an attorney has to address the judge and jury.

Why should the jury be familiar with each side's theory of the case when closing arguments are given?

Because the theory of the case stays the same throughout the trial, the jury should be familiar with each side's theory of the case when closing arguments are given. Bring up your theory at the beginning of your closing argument.

What are the details of a murder case?

For instance, in a murder case, important details that both sides may want to talk about include the physical evidence that may link the defendant to the murder, whether or not the defendant has an alibi, any problems with the murder investigation, and any motive the defendant may have had to commit the murder.

What is a good closing argument?

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.

What is the opening and closing 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.

What is a good opening statement?

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.

What is closing argument?

Closing Arguments. 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. The judge usually indicates to the lawyers before closing arguments begin which instructions he or she intends to give the jury.

Who goes first in a court case?

The lawyer for the plaintiff or government usually goes first. The lawyer sums up and comments on the evidence in the most favorable light for his or her side, showing how it proved what he or she had to prove to prevail in the case. After that side has made its case, the defense then presents its closing arguments.

Also, an attorney's personal belief is not the basis upon which the jury is to decide their verdict

Instead, they are to reach a verdict based on the EVIDENCE and TESTIMONY they heard and saw in the courtroom.

The next argument that would also be inappropriate is if your attorney pointed out how wealthy your doctor is

The fact that he has accumulated money or wealth has nothing to do whether he treated you appropriately on a particular day or time.

The next argument that is inappropriate is to focus on YOUR finances as a reason to give you a verdict in your favor

"Hey folks, look at her. She's got $7 dollars in her bank account. You've got to give her a verdict in her favor and give her $1 Million dollars as compensation for all the harms, losses and damages she suffered. Otherwise, she'll be homeless and on the street..."

The jury is not to consider sympathy when evaluating who is entitled to a verdict in their favor

The jury is not consider the disparate socio-economic status of the people bringing a lawsuit or the people defending such a medical malpractice lawsuit.

If yes, the jury must consider whether your doctor's wrongdoing was a cause of your injury

If yes, the jury must then determine how much money you are to receive as compensation for all the injuries you suffered.

To learn about closing arguments in a case involving a man who fell from his hospital bed, I invite you to watch the quick video below..

Medical malpractice law is a fascinating area of law. It is technical. It is highly specialized and requires a great deal of knowledge of medicine as well as a high degree of trial skill. In this lecture, which was designed to teach lawyers who practice in other areas of law, what they need to know about medical malpractice law in New York.

How to write a closing argument?

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.

What to do in the middle of a closing?

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.

What is cohesive structure in argument?

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.

What is a big mistake in a case?

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.

What is the closing argument in a trial?

The closing argument is an integral component of the entire trial presentation. It is the lawyer’s last opportunity to summarize the evidence, tie together key themes, and convince the jury why his or her position should prevail. It is the third and final time—after voir dire and the opening statement—for the lawyer to address ...

What is the Golden Rule in closing arguments?

Advocating the Golden Rule. In closing argument, do not suggest that the jurors put themselves in the place of one of the parties.A Golden Rule argument is rarely expressed as “do unto others as you would have them do unto you.”. If it were that simple, no one would ever violate the rule against such arguments.

Why do lawyers lose verdicts?

There is nothing more abhorrent for a plaintiff’s lawyer (or the lawyer’s malpractice carrier) than to obtain a winning jury verdict, then lose it because of improper arguments in closing. Typically, the type of arguments that causes such an unthinkable event results from overly emotional arguments—often from arguments which rely on emotion because of lack of preparation as outlined above. Of course, the plaintiff’s attorney wants to excite the sympathies of the jury, to encourage them to award a large verdict, but courts increasingly circumscribe the limits of appropriate argument, and if you believe you have won the case, it makes no sense to even come close to these lines and risk your verdict. The following are common pitfalls that result in the reversal of plaintiffs’ verdicts:

What is an objection in a jury trial?

The jury may consider the objection an effort by counsel to obfuscate, and the objection itself is likely to highlight the point at issue, especially if the objection is overruled. In lieu of an objection, counsel can point out the misstating of evidence in the defendant’s closing or the plaintiff’s rebuttal.

What happens when an opponent violates the rules of a court case?

When your opponent violates these rules, you are faced with the excruciating spur-of-the-moment decision of whether to object. An objection, at a minimum, is typically required to preserve the offensive matter for appellate review. 19 An overruled objection can convey the impression that the objecting lawyer fears that the jury will hear opposing counsel’s view of the evidence. Accordingly, it is wise to ask for a side bar to present objections graciously. Objections must also include a motion for mistrial to preserve certain issues on appeal.

What happens if you violate a prohibition?

Violations of those prohibitions may lead, at a minimum, to an objection by the opponent which interrupts the flow of the presentation, but also to admonition by the court, a corrective instruction by the court, a mistrial, or a preserved error for appeal.

Why is it important for a lawyer to avoid interruptions in a trial?

Because the final argument is the pinnacle of the trial presentation, it is crucial that the lawyer prevent any interruptions, much less an admonition from the court, based upon the failure to follow the legal requirements for the closing.