A Few Thoughts About Closing Arguments

by | Jun 19, 2023 | 0 comments

We all think we know what it’s like in a courtroom based on what we’ve learned from the movies. At the end of a trial, the lawyers can address the jury directly and present a dramatic final statement to sway the decision. But, as we’ve discussed, the law isn’t quite what we see on TV. What goes through your lawyer’s mind during the closing arguments? Here’s what you should know.

Last Chance to Fight for You

After all the evidence has been presented and all the witnesses called to the stand, the attorneys for both sides have an opportunity to present closing arguments. These are statements made directly to the jury to provide one last chance to make your case and persuade them to decide in your favor.

Providing Final Considerations for the Jury

Remember when you wrote essays and term papers in high school or college? You would always start with an introduction mentioning what you would discuss in the report. In the end, you would provide a conclusion summarizing the paper and tie it into a neat bow.

While the closing arguments in a courtroom are a neat bow, they aren’t a summary. Rather than repeating what we said during the trial, the closing arguments are a place for us to weave the evidence into arguments that the jurors can use during deliberations. It’s the last chance a lawyer has to arm their favorable jurors with the arguments they will need to win for your side in deliberations.

Anticipate Your Opponent’s Arguments

A good lawyer will also anticipate what the opponents’ arguments will be. This will be evident from the case they presented during the trial, but we also have to pick and choose what things they want to reinforce for the jury. We will use all tools available to us. One of the great trial lawyers in our country right now, David Ball, says to be blunt about it. Tell the jurors that a conversation will come up around a specific fact or piece of evidence and be direct about what they should know.

Creating an Effective Closing Argument

In deliberation, remember to use your jury instructions, refer to the physical evidence, think about appropriate analogies that can be helpful, and talk about the burden of proof truthfully that benefits your side. Closing arguments are your chance to speak with the jurors and give them the tools and arguments they need to go back there and win for you. It may not happen like the movies, but if we’ve done our job effectively, we can get the best outcome for our clients.

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