What is the number one goal of closing?
Passing out weapons to your friends on the jury.
What are the 4 main weapons in your arsenal for closing?
- The words of witnesses
- Physical evidence
- Burden of proof
- Judge’s instructions
How should you use the words of witnesses (3 things)?
- Get a transcript so it can’t be disputed
- Use quotes, not summaries
- Read the quotes slowly, carefully, and put it on screen
How should you use physical evidence?
Use the three best exhibits as your guide.
How should you use the burden of proof?
Teach your advocates on the jury how to dig at the other side and make them bear the burden.
How should you use the judge’s instructions?
Teach the jury how to answer the questions.
List the four parts, in order, of the arc of closing.
- Your story with all the facts
- Witnesses: bolster or discredit
- Jury charge
- Final summary and conclusion
What are 4 ways you can bolster or discredit witnesses?
- Discuss the facts elicited from each
- Discuss expert qualifications and opinions
- Compare experts
- Restate any memorable or important quotes
What 3-part formula do you use to line up the jury charge with the evidence?
- Question
- Answer
- Evidence (support answer)
What emotion should you convey in your conclusion (2 words)?
Righteous indignation.
What are the 6 legal limits on closing argument?
- The Golden Rule: can’t ask the jury to step into your client’s shoes
- Personal statement of belief
- Nullification
- Misstating the law
- Misstating the facts
- Striking at counsel
What are 5 things to keep in mind re: delivery?
- No notes
- Walk with purpose
- Make eye contact (one juror per point)
- Gesture intentionally
- Use silence
