Here are some practical tips to being a strong closer at trial. This is the plaintiffs closing argument in a wrongful death case filed in maryland in a medical malpractice case relating to failure to diagnose a malignant melanoma when it was still curable. On october 3rd, 2009, the defendant in this case describe what he or. An opening statement is simply a roadmap of your case, and an outline of. Usually the defense gives its opening statement immediately afterwards. Have a good outline for closing argument but not a script. Here are three tips from expert trial attorneys for an effective closing argument. Closing argument gives counsel the opportunity to restate. Each closing argument should be concluded by confidently requesting that the judges grant the decision herhis client seeks.
Plaintiffs and defendants perspectives miami personal injury lawyer. It is committed to doing what only a national association of attorneys can do. Greenspun in the capital murder trial of john allen muhammad. And were all just very grateful for your participation. As the defense lawyer in a civil case, emphasize that all elements must be proven to their satisfaction. Once the plaintiff and defendant each have had an opportunity to present their case and to challenge the evidence presented by the other, both sides rest, meaning that no more evidence will be presented to the jury before closing arguments are made.
Although en tire books have been written on the topic, here are a few suggestions for new practitioners and possibly some reminders for veteran trial attorneys. Lawyers who regularly try cases will tell you that persuasion is used in the opening and finesse is used in the closing. Presenting a theory of defense throughout the case stephen b. Successful closing argument strategies adams lynch. The arbitrator stated that he thought this was a convincing closing argument so we have provided it to you as an example. So we ask for your attention to these closing arguments. Prepare a closing argument outline before the trial begins.
The it is what it is argument sends the message that, for whatever reason, the case simply needs a value put on it. In a very real sense, listening to the argument of dows lawyer, bernick, we got a glimpse of the bernick university, dow university. All cases deserve their own carefully crafted opening and closing statement andor briefs. This is the plaintiffs closing argument in a wrongful death case filed in maryland in a medical malpractice case relating to failure to diagnose a malignant melanoma when it. The plaintiffprosecution will be the first to present the closing arguments, the. Hpublicdefender trainingtrial school2006materials15 closing argument kelly. Use a legal pad to write down all of the major points that need to be made, and then fill in the outline with details and. A party introduces an item by offering it as substantive evidence or by presenting it so it may be examined by the. Plaintiff closing arguments if youre unable to view the pdf document above, click here to view it in a new tab baxter, in his closing arguments, sought to. Argument is reserved for the closing argument which takes place at the end of the trial. Opening and closing statements huntsvillemadison county bar. Cases abound where the plaintiff alleges breach based on the verbal context surrounding written contract language. This case presents the intriguing question concerning under what circumstances a wife, at the conclusion of a consensual separation for a period of 15 years, can refuse for a period of 11.
This article is brought to you for free and open access by the law journals at smu scholar. At that point, all that matters is the attorneys last minute attempt to persuade the jury to find in favor of his or her client. The closing argument should focus on how the defendant continually breached the contract and lied to the plaintiff. Direct examination of plaintiff witnesses includes cross examination by defense and redirect examination by plaintiff. Brannon were ready for the plaintiff s closing argument. Journal articles publications 1995 closing argument. Moot court samples maryland personal injury attorney. In general, your opening statement on the plaintiffs behalf should consist of. These will become the chapters of your closing argument. As a defendant, keep your outline flexible, to accommodate additions or deletions, depending on the content of the plaintiffs closing. Additional tips for closing argument do not stand behind the podium.
The closing argument is one of the most important parts of a trial. Jury instructions sought by defendant in a personal injury auto accident case trial. We believe accurate, plainenglish legal information should help you solve many of your own legal problems. Before you stand up and start talking to the jury in closing argument, try to remember a few simple things. The american bar association is one of the worlds largest voluntary professional organizations, with over 400,000 members and more than 3,500 entities. Each closing argument should be concluded by confidently requesting that the jury grant the decision herhis client seeks. A plaintiff s closing argument must focus on linking the plaintiff s claims to the evidence.
Do not read your closing argument or constantly refer to notes. The preparation and utilization of lay n witnesses. Four dos and four donts of closing arguments erhaps more so than any part of a trial, closing argument is truly an art form. The closing argument isnt just an attorneys last chance to piece together arguments and evidence. Analogies are notorious for running rampant and swallowing up large chunks of argument time while your jury fidgets and wishes you would get.
Plaintiff argued to the court that there was sufficient evidence of a corporate decision not to recall the product to support such an argument during summation. One basic rule to keep in mind is if a witness is not going to take the stand and say it, then it is more than likely argument. Sample closing arguments transcripts criminal defense wiki. It is a fervor that dismisses and rejects all evidence that is. Discuss the theme and remind the jury how the theme was established during opening statement and how the theme proceeded throughout the course of. Think about, prepare, and rehearse your closing argument before trial, leaving sufficient flexibility to meet the exigencies of trial. Bright southern center for human rights 83 poplar street, n. An outline of the different courts in massachusetts is provided below.
Plaintiff closing arguments if youre unable to view the pdf document above, click here to view it in a new tab baxter, in his closing arguments, sought to dismantle the plaintiff s reference to. But this text is not a substitute for personalized advice from a knowledgeable lawyer. The plaintiffprosecution will be the first to present the closing arguments, the defendants attorney will then immediately present hisher closing argument. This transcript is the closing argument in a highprofile case in virginia where a mother is on trial for manslaughter for accidentally leaving her infant in a car seat in the back of her car throughout the workday.
Actually, the finesse involved in refining and structuring the evidence in the closing argument also persuades the jury. A lawsuit, like a chain, is only as strong as its weakest link. Sample closing statement sample closing argument in motor vehicle collision suit from plaintiffs lawyer and defense counsel sample defendants closing statement another closing statement pattern jury instructions. Each closing argument should acknowledge the burden of proof.
Argument by ada motion and evidentiary hearing argument by ada argument by ada motion and argument by ada motion and argument by ada burden to show ensuring d returns to court and the safety of the alleged v clear and convincing evidence that no conditions of release will ensure safety of v or community d a danger to v if doesnt follow. Free consultation call 800 8366400 lawyer leesfield helps victims and their families receive compensation for their injuries in personal injury and accident cases. Brannon were ready for the plaintiffs closing argument. Once the plaintiffs team has gained some basic information concerning the victim and begun to formulate a damages theme for the case, the trial lawyer can begin to canvas the entire menu of. However when a jury is involved, youll need to do more than that. The evidence on this point was disputed by the defendant, and plaintiffs. Preparing and delivering, handling objections and related motions developing and presenting a persuasive roadmap, delivering a convincing and memorable case summation. Your verdict must be in favor of the plaintiff, ben ice, if you find three things.
Defense caseinchief then proceeds with direct examination of witnesses called by defense and cross examination by plaintiff, etc. The jury wants to hear what is in your heart, not a speech you carefully composed the previous night. The undisputed evidence was that she forgot to drop the child off at. An outline for the closing argument will serve as a script, or a guide to follow while speaking to the jury. Thus, defendant presents the first argument, plaintiff then presents its argument, and defendant offers a final rebuttal. However, when a written contract exists in some form, jurors tend to fault the plaintiff for having failed to get more in writing before entering the agreement. Theres often considerable time between opening statements and closing arguments. How to write a closing argument in closing arguments, the attorney should summarize the highlights of the witness testimony and the documents as they. How to write opening and closing statements for mock trial. And we all thank you for your patience and your long suffering. If it isnt in writing, the plaintiff is in trouble.
Although the structure of an opening statement will depend on the particulars of the case, the jurors, and your individual style, there is a general outline that can help you start off with a clear, organized, and most importantly persuasive opening statement. Students may ask to reserve a specific amount of time, or heshe may wish. It has been accepted for inclusion in journal of air law and. Closing arguments the plaintiff presents its closing argument no longer than 5 minutes. Plaintiff s and defendants perspectives miami personal injury lawyer. The plaintiff offered proof that a recall would have cost the defendant approximately four million dollars. For example, if the defendant or a defense expert was not credible, let the jury know that the instructions say they do not have to believe anything the witnesses. Here are outlines on how you can properly formulate an opening statement. The argument is especially significant if the outcome of the trial is too close to predict.
If the court will allow it, stay away from the podium. Defense counsels often waive their openings believing that there is no need to tip off plaintiff to what you might ask them, and that any arguments are better saved for closing. The attorney should begin the closing argument with may it please the court. This article discusses the principles of a successful oral argument and offers strategies for success in a moot court competition, which we define as an appellateadvocacy competition. Oral argument requested plaintiffs memorandum supporting their motion for summary judgment james bopp, jr. Closing argument for plaintiff in flinders aluminum v. In the circuit court of the 17th judicial circuit in and for broward county, florida dixie southland corporation, a florida corporation plaintiffcounterdefendant, v. This is the modern view of the role of closing argument.
Similar to the opening statement, the closing argument offers the plaintiff. Addressing damages in aviation wrongful death cases kevin w. This will help you feel more organized, and will minimize the risk of forgetting key facts. Personal injury opening statements and closing arguments. In a rape case where the defense is consent but all parties agree the victim.