Mastering Closing Arguments: Persuasive Techniques for Lawyers

1. Closing Arguments Saving the Best for Last

2. Purpose of Closing Arguments • This is your one chance to be an advocate. • This is the conclusion to the trial – your chance to pull together your theory, theme, and the facts • Use it to evoke a single conception of events

3. Limits on Closing Arguments • You may only argue based on evidence that you have actually admitted • If you didn’t get the evidence in, you can’t argue what it shows in your closing argument. • Use your closing as a checklist of the evidence you have to get in during trial.

4. Closing Argument MUSTS • Use your theory and theme: Remind the jury what your side thinks happened • Argue for the verdict: Use the evidence you’ve presented and connect it to the verdict you want • Avoid impermissible arguments: Only make arguments based on the evidence you’ve introduced.

5. Using your theory and theme • Tell the jury why your client is entitled to the verdict that you want • It’s your last chance to tell your side’s version of the story. • Theme should be logical and believable • EX: Jealously kills • EX: a rush to judgment is not enough to convict • EX: no weapon, no crime

6. Argue, Argue, Argue • You couldn’t argue in opening, so this is your one chance to shine. • Make inferences and conclusions from your evidence • Cluster evidence by topic to prove your side of the case • Apply the LAW to your FACTS

7. Keep Arguing • Use analogies, allusions, and stories • Analogies: Compare to everyday human behavior • Allusions: Literary or movie reference that adds force to your argument • Stories and Anecdotes: It is ok to use hypotheticals and personal stories. Hypotheticals must be based on evidence

8. Even More Argument • Emphasize undisputed facts • Refute the opposition’s testimony • Tie up your cross examination – what did all of those “yes” and “no” answers show • Argue witness’s credibility and motive • Argue weight that should be given to evidence • Confront and explain the weaknesses in your case.

9. Planning your Closing • Best to develop instead of a fully-written piece, so that you are free to speak • Tell a persuasive story • Known facts (established during trial) • Reasons explaining why things happened • Which witnesses should be believed • Details related to important, disputed facts • Details about how to interpret evidence • Details about motivation

10. More Planning • Start strong and end REALLY strong • Argue your theory of the case first. Don’t discuss weaknesses in your case until later. • Embrace or displace the burden of proff

11. Planning Prosecution Closing • Must deal with the elements of the crime and argue that you have proved them beyond a reasonable doubt

12. Planning Defense Closing • Select those elements of the crime or story you feel the prosecution has failed to prove • Respond to plaintiff’s case – leave room for yourself to adjust closing based on what prosecution does

13. Organization Options • Topical Organization • Issues (motive, opportunity) • Elements of the crime • Chronological • Witness by Witness

14. EVALUATE THE CLOSING ARGUMENT: What was the theme?What was the theory?What worked? What didn’t work? What needed to be added?