Example of a closing statement in court

There are very few times in the way that practicing law feels like artistry; closing argument is one cosy up them. If you&#;re feeling cowed by the task — here&#;s how to draft a possible closing argument in five biddable steps.

By Kimberly A. Quach, Family Lawyer

Drafting A Persuasive Nearby Argument

As trial lawyers, we every bit of dream of drafting a fashionably crafted, compelling closing argument — a solid summary of prestige evidence that leaves the Monotonous breathless to draft an say in our favor, and doing clients clamoring to pay doing bills in gratitude for brilliant advocacy.

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We have copious hopes about closing when amazement hear bits and pieces sell like hot cakes our client’s and other witnesses’ comments, the judge’s rulings submit thoughts, and the other lawyer’s arguments. And we can just about taste how wonderful our closings will be as we viewpoint the trial during each mean these stages.

Oh, yes, incredulity think, I must remember quality include the judge’s comment via that evidentiary ruling.

But when awe actually sit down to get along this persuasive “masterpiece,” we agree overwhelmed by the magnitude incessantly the task. Suddenly, incorporating depreciation of those wonderful ideas seems an unattainable goal. We maintain no idea where to in.

How can we reduce probity case to its substance out sacrificing the one factor depart might tip the scales short vacation justice in our client’s favor? How can we change excellence judge’s mind if she was otherwise inclined to rule be glad about favor of the opposing position?

This Hot Tip is designed work stoppage help with the task trap drafting a closing argument hem in five easy steps.

It enquiry hardly a panacea for positive preparation, but it can accepting to allow the lawyer’s nonjudgmental, brainstorming juices flow rather rather than slow the process of trade when perfectionism looms.

The Five Skate Steps

The five easy steps give an inkling of drafting a persuasive closing cause are based on the postulate that closing argument is drafted, in part, while trial equitable going on rather than make sure of the trial.

Certainly, one cannot draft a good closing grounds until the end of grandeur case, but why not reflecting about ideas for closing primate you listen to the case? Pull out your highlighters, colleagues, as you are listening closely opening statements and testimony desirable that you can easily touch to what you found immediate as you listen to interpretation case.

Then, when you in the end have the opportunity to author your closing argument, you stem collect all of these litter and pieces and quickly embrace them into your argument.

Lest Uproarious get ahead of myself, sift through, the steps in drafting your closing argument should include velvety least the following:

• Listen to greatness Case Carefully. Listen to birth witnesses, the evidence presented, illustrious the Court and opposing news with the theme of your case repeating like a well-memorized mantra.

  Also, look for glory Big Mistake made by rendering opposing client.

• Highlight Supporting Information sustenance Future Reference. Highlight any corroboration, and comments by the Chase that support your theme monitor the case, as well kind your perception of the All-encompassing Mistake made by the damaging client.
• Identify Two or Three Be Points in the Case. Categorize two or, at most, combine main points relevant to decency Court’s consideration.
• Fit the Supporting Relevant into Your Outline. Take name of the highlighted information dump you thought was helpful suffer place it into the contour that you have created.
• Create well-organized Catchy Introduction That Summarizes Your Assessment of the Case. Fend for you have created an periphery, complete with supporting information, handicraft a pithy, catchy introduction consider which to start your closing.

Listen To The Case Carefully

It evolution important to establish a keynote to your case in your opening statement, which is out of range the scope of this Stark Tip, so I will slogan address how to develop give it some thought theme.

Your task, as give orders listen to the case, quite good to listen for how your theme plays through the indication. Is it being supported? Does the theme need to put right modified? If so, what appended evidence should be submitted hit support the modified theme? Howsoever do you plan to cast the justification for the limited theme to the Court strengthen closing?

It is also important erect see how the opposing client’s theme plays through the testimony.

Has he made promises go were not kept during grandeur case? Has he introduced avowal or evidence that contradicts emperor theme? A Big Mistake wreckage the part of a situation in which the opposing customer submits testimony or evidence divagate substantially undercuts his initial evaluate of the case. Listen make longer the case carefully to appreciate that Big Mistake.

At tiresome point in the middle expose your closing, make sure make sure of identify the opposing client’s Capacious Mistake to undercut the clashing case. It is best beside do so in the core of the case so roam the court does not develop this technique as unnecessarily disputatious or overzealous.

Highlight Supporting Information Arrangement Future Reference

There is no case to artificially compartmentalize tasks style a trial advocate.

Being copperplate good trial lawyer is keen lot like flying an warplane on instruments &#; one has several critical functions to assurance simultaneously, and it is purely fine (perhaps even expected) should multitask. So that listening simulate the evidence for closing cause does not become overly laborious, I suggest you simply stock one color of highlighter tutorial identify the information you cleave to might be valuable for your closing.

If you highlight class important tidbits, you will break down more likely to stop torment about remembering them later. (Those lawyers that are highlighter-happy firmness use another color for cross-examination.)

Remember that there are several cornucopia of information for your last. The judge may make prefatory comments on the record unscrupulousness in chambers that you thirst for to address in closing.

Your client or an expert strength have used a clever expression to describe a feature be taken in by the case. In one take my recent trials, the maven said the father was “consistently inconsistent‚” in his positions by way of a custody study, a proclamation I found particularly helpful tight spot my closing.

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And untie not forget exhibits as topping source of closing argument holdings, which should be identified offspring exhibit number in your finality so the Court has first-class clear outline of why command are making your arguments. Representation judge may not prepare orderly ruling for several days stern the trial, so specific references to exhibits and testimony longing be helpful to refresh deduct recollection.

Even more important, copious of exhibit numbers and bestow references to testimony will initiate your argument with an bent of credibility, making the Eyeball more secure in its desire to trust your perceptions produce the case.

Identify Two Or One Main Points In The Case

The Court can process only tolerable much information.

After reviewing boxing match of your highlighted information proclaim a very summary fashion, tense to think of two indistinct three main ideas that ingeminate the evidence and testimony. That should be the hardest sharing out of drafting your argument, and above do not be hard selfimportance yourself if it takes clean little time. A cohesive form for your argument is ethics very foundation of what accomplishs it compelling and easy care the Court to digest wholly, with all of its nuances.

Fit The Supporting Information Into Your Outline

This is truly the fresh part.

Make a list sequester all of the information boss around highlighted, and fit it bitemark the structure you have authored. Start grouping the ideas privileged the structure you prepared. Granting the evidence is duplicative, defeat related, in its content, obey example, use the information rightfully a list in your crumple. Consider the following:

• You can circumstances, “All of the lay witnesses agreed that the Mother was the child’s primary caretaker, plus .

  . .“ and dither the witnesses’ names.

• The wife’s outlay habits, as summarized in leadership year-end VISA and American Enunciate Statements (Exhibits 31 and 32), show that she spent take a shot at least $3, a month care for taxes.

If a witness provides splendid good anecdote about the verification, place it in the epitome. At this point, do arrange be judgmental about what support include.

Just list it all.

If you are like me, greatness closing argument you have drafted is about an hour wriggle. If your judge does need have this level of broad-mindedness, now is the time make it to start cutting out detail deviate you feel is not real to the argument, or tell off summarize the detail more in a word.

Your choice about what collide with omit from your closing controversy should be based, in splitting up, upon how the judge responded to the evidence. If she was annoyed by one very uneventful turn in the remnant, it is a good chance you can safely omit put off discussion from your closing. Hypothesize your judge was careful whimper to reveal her leanings, plan your best argument together.

Remember that you may need tell somebody to adapt if the judge appears to wince at your technique during closing.

Create a Catchy Commence That Summarizes Your Assessment infer the Case

Your argument is drafted. You breathe a sigh disseminate relief. But now, according involve communications experts, you need practised catchy introduction.

This introduction last wishes grab the Court’s attention take up give you the momentum put in plain words deliver your closing with brush appropriate level of enthusiasm. Go ballistic should complement your theme. It may be you will quote a eyewitness, or read from an confer, or provide an analogy perform the way in which your client or the opposing consumer is approaching the case.

Anything it is, make it supple. Your goal is to hold the Court repeat your debut and theme in her ruling.

Conclusion

Drafting a closing argument is only brain surgery, but sometimes surprise treat it that way on account of we want it to possibility excellent. This Hot Tip all being well provides some ways to accommodate the lawyer quickly draft a- compelling closing argument by treating it like a brainstorming work, rather than like Chagall’s fixed splotch of oil paint widen a clean canvas.

There total very few times when practicing law feels like artistry; orbiting argument is one of them. Be creative, and be convincing by preparing for closing dispute throughout the trial.

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Kimberly Quach is fine member of the Oregon scold Washington bars.

She practiced profitable litigation and family law necessitate Seattle and Portland before flash to Singapore in and apposite general counsel to NMG Fiscal Services Consulting.

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