Always be closing: Strategies for a trial’s final moments
Nothing said in closing arguments should surprise the clients representatives. A good trial lawyer will have involved key client stakeholders in all decisions throughout the trial, and the closing arguments phase is no exception.
March 20, 2014 at 04:00 AM
4 minute read
The original version of this story was published on Law.com
As the famous movie quote says, the job of a trial lawyer is to always be closing. From opening arguments through witness testimony, everything builds to closing arguments. Everything a trial lawyer has done throughout the trial is designed to peak during that final speech to the jury.
Of course, not all trials get to closing arguments. By this point, both sides have seen the strengths and weaknesses of the other case and had theirs tested as well. Should one side feel their case is not strong enough, offers may start to go back and forth and a settlement struck. If both sides are confident in the merits of their respective cases, then the trial lawyers proceed to closing.
Closing arguments are also the point where the trial lawyer's rapport with the jury comes into sharp focus. If the lawyer has done his or her job, there will be a bond of trust between him or her and the members of the jury. If not, then the lawyer will face a skeptical jury. This also is not the time to test that bond. Just as with witness testimony, it is important for the trial lawyer to deal up front with any weaknesses in his or her case that emerged during trial. Glossing over glaring gaps or failing to explain problems with your case will strain the lawyer's credibility with the jury and hurt the client's chance for a defense verdict. Juries expect to be told the truth and are very influenced by the trustworthiness of trial lawyers.
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