1. Closing Arguments Organizing and delivering effective closing arguments

2. Remember Your Audience Attorneys and Judges What do they want to hear?

3. Preparation ► Know the facts inside and out ► Find your theme ► Prepare your argument around the theme ► Write it out (know everything you will say) ► Practice it (know where you lose focus) ► Time yourself (time flies in the spotlight) ► Video tape yourself

4. Source ► Trial Techniques, sixth edition ► Thomas A. Mauet  Professor at U of A ► ISBN 0-7355-3240-0 ► The “Bible” for trial process ► Available in the library  Likely on reserve for the competition

5. Strategy ► Read the problem through carefully  What is your gut reaction?  How would you tell the story if you were the party? ► What version of events would you believe if you heard it in line at a grocery store? ► Who would you trust the most?

6. Strategy ► Develop your theme of the case  Simple  One or two words  Sound Bite  Anchor ► Put your theme into one or two simple sentences

7. The First Minute ► Communicate three things  The theme of your case  Why the jury should find in your favor  Your enthusiasm for the case

8. Your Theme One second. That’s all it would have taken. One second, and none of us would be here. One second, but that defendant couldn’t even spare that.

9. Why should you win? ► Argue the theory of your case ► Argue the facts ► AVOID personal opinions  It is unethical in real practice

10. Make it interesting ► Use exhibits ► Use visual aids and props  Create a chart  Bring in a wheelchair or skeleton ► Use a story  Keep it short  Keep it simple  It should draw the listener into your argument

11. How to create your argument ► Use as story ► Use analogies ► Use an anecdote ► Argue strengths ► Deal with weaknesses  Solve your problems  Give the jury a reason to accept your version ► Force the other side to argue weak points

12. Content 1. Introduction 2. Issues 3. Facts / What really happened and proof 4. Instructions 5. Refuting the other side 6. Conclusion

13. Introduction ► Get it out to grab the judges attention ► Traditional  May it please the court, counsel, jury….. ► Modern  This case is about….

14. Issues ► State the obvious issue  The issue in the case is this….. ► Ask a simple rhetorical question.  Did that plaintiff…… ► Then answer it  The answer is…

15. Facts ► What really happened and proof  Tell “your” story from the theme ► What really happened was….  Use your facts as “proof” ► Mrs. Witness said, “…..”

16. Facts ► Use all the proof you can find  Testimony  Witnesses  Exhibits  Common sense and human nature  Probabilities and improbabilities

17. Instructions ► Use any potential jury instructions in your argument ► Explain the instructions and give them context in a light favorable to your argument

18. Refute the other side ► Set up doubts as traps ► Explain their fallacies or leaps to conclusion ► Don’t spend too much time

19. Conclusion ► Smoothly end your argument ► Don’t ramble ► Three or four memorized sentences ► Reinforce your theme or important points ► Let it “linger” in the air