How Long Should a Closing Statement Be

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. 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. The opening statement at the beginning of the trial is limited to the presentation of the facts. This is an opportunity for each party to create the basic scenes for the jury, present them to the fundamental disputes of the case and create a general roadmap for the likely course of the trial. Without strategic reasons not to do so, the parties should explain to the jury who their witnesses are, how they relate to and from the parties, and what is expected of all those on the witness stand. Opening statements include sentences such as “Ms. Smith will testify under oath that she saw Mr.

Johnson X do so” and “The evidence will show that Defendant Y did not.” While opening statements should be as convincing as possible, they should not contain arguments. They are coming to the end of the process. In the United States, the plaintiff generally has the right to open the argument. The defendant usually moves into second place. The plaintiff or the crown is then generally allowed to present a conclusive rebuttal argument. In some jurisdictions, however, this form is condensed, and the charge or plaintiff comes in second place after the defense without rebuttals. Either party may waive its ability to present a final plea. The lawyer who makes the final plea is judged both on the content of the degree and on its performance (ability to speak publicly).

The goals and techniques of final advocacy are taught in courses on trial advocacy. [3] Graduation is often planned early in the study planning process. [4] Lawyers integrate the degree into the overall strategy of the case either through a topic and theory or, with more advanced strategies, through a series of efforts. The prosecution must also state the main points and make sure to give its version of the argument and be emotional. [5] [6] Final Pleading: Final Pleading (also known as “Final Argument”) is when lawyers can strongly represent their parts of the case before the jury. The final statement is made after the completion of the evidence. If the jury is unable to make a decision after lengthy deliberation, the judge will be notified. Often, the judge asks the jury to work together, listen to different opinions, and make an effort to make a judgment. If, after such an investigation, the jury is still unable to render a verdict, a false trial is declared. A jury that cannot make a judgment is sometimes called a suspended jury. The jury is then excused and a new trial is scheduled, either by a judge or by an entirely new jury. If a case allows, animation can be useful not only during the trial, but also during the closing arguments.

Almost anything can be animated, from car accidents to the steps necessary to build a concrete floor. In one case, my office created an animation to close the argument, showing the hands of a magician moving shells around a table. A hand revealed a typo to reveal the word “pact,” which represents the plaintiff`s assertion that my client agreed to a no-compete agreement in a trade agreement. Then, the hands move the shells and discover the same shell to reveal the words “No Covenant,” which represent the plaintiff`s statement on a tax return that my client did not accept an obligation not to compete. The shell game was powerful. I tried a case in which the opposing counsel waived the final argument. Never, ever, never give up the conclusive argument. 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. Bottom Line: Why should judges choose your client? I cannot stress enough the power of the testimonies filmed during the trial. Harmful testimony is even more devastating when used in closing argument, as the lawyer can set up the testimony, play only the important clips that the lawyer wants the jury to hear, and then explain why the testimony is important. In a liability case where my client was raped, the defendant`s property manager testified that when the plaintiff questioned him about the security of the apartment complex, the property manager stated that the property was safe. Later, the property manager testified that in the 12 months prior to my client`s apartment application, there had been numerous crimes on the property, including physical attacks, shootings, death threats and burglaries. When I asked the property manager why he didn`t tell my client about these crimes, he said, “I`m not CNN.” At the end of the pleadings, the jury, usually by the judge, is informed of the relevant law applicable in the jurisdiction.

For example, if it is a claim of negligence, the judge will explain to the jury the elements of the negligence and how each element must be proved by the plaintiff for the defendant to be liable. If it is a breach of contract, the judge will instruct the jury on the elements of a valid contract and what is considered a breach of it. See Girden v. Sandals Intern., 262 F.3d 195, 203 (2d Cir. 2001): When creating a timeline, it is important to carefully decide 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. For more information on the theory and purpose of the final arguments, see: The Final Argument: The Future Does Not Tell the Past When you represent the plaintiff, you have a “second final argument” called a rebuttal….