Closing Argument - Strategies, tactics, & tips on how to make a persuasive and memorable argument.

Mark Curry, a retired trial court judge with over 34 years of experience, introduces the topic of closing arguments, emphasizing their significance in summarizing a trial for the jury or judge. He outlines strategies and techniques for delivering an effective closing argument, based on his own trial tips and experiences. Curry also provides a disclaimer that the advice given is not legal advice and that the current state of the law and rules of evidence must be confirmed for the viewer's jurisdiction. He stresses the importance of the closing argument in both bench and jury trials, highlighting the opportunity to consolidate evidence and arguments.

Curry discusses the preparation for a closing argument, suggesting that attorneys should start thinking about it as they build their case. He advises to assume that some jurors may not fully understand the case, and to simplify facts in the closing argument for clarity. The importance of keeping good trial notes to remember key points for the argument is also highlighted. Curry then touches on the use of visual aids like PowerPoint to enhance retention and suggests reminding jurors to take their own notes, as they cannot bring the attorney's notes into the jury room.

The paragraph outlines a basic format for structuring a closing argument, starting with introductory comments, followed by an overview of the case's theories, and moving on to discuss the evidence, the weaknesses of the opponent's case, witness credibility, and the law. Curry emphasizes the importance of discussing the elements of the charges or cause of action, the burdens of proof, and in civil cases, damages. He also stresses the importance of a strong conclusion that summarizes the argument, and the use of visual aids to track arguments point by point.

Curry provides tips on the delivery of closing arguments, focusing on pace, emotion, and the importance of not just reading a script. He suggests using a detailed written outline for guidance while maintaining spontaneity. The paragraph also addresses the importance of a logical flow in the argument to avoid confusing jurors and the need for simplicity to ensure that all jurors, regardless of their background, can understand the argument. Curry recommends keeping arguments concise and being aware of the jurors' attention spans.

This section of the script covers the latitude allowed to attorneys during closing arguments and the limits that prevent misconduct. Curry quotes several cases to illustrate the wide range of discussion permitted, including the vigorous argument of the merits of a case. He warns against misstatements of law or facts, emotional appeals that deviate from the evidence, and personal attacks. The paragraph also addresses specific prohibitions in criminal cases for prosecutors, such as commenting on a defendant's exercise of rights or vouching for witnesses.

Curry concludes the script by discussing the decision to object during an opponent's closing argument, which he frames as a tactical choice dependent on the severity of the misconduct. He explains the necessity for timely objections and the potential consequences of failing to object, including the waiving of issues on appeal and implications for ineffective assistance of counsel in criminal cases. The paragraph also mentions the importance of requesting an admonishment for the jury when an objection is sustained.