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Nuts and Bolts of a Closing Argument

Nuts and Bolts of a Closing Argument. NITA Presentation for Juvenile Defenders September 18, 2011 By Michael Washington. Getting permission. I used to say . . .

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Nuts and Bolts of a Closing Argument

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  1. Nuts and Bolts of a Closing Argument NITA Presentation for Juvenile Defenders September 18, 2011 By Michael Washington

  2. Getting permission • I used to say . . . • Your Honor, it will only take a moment, and it will better assist the Court’s understanding of the relevant issues in this particular case.

  3. Now I say . . . • In less than 2 minutes I can help the Court understand our issues.

  4. Goals for Opening Statement • Have a Theme • Tell YOUR Story, quickly • Use clear, simple language • Start persuading

  5. Persuasive Story • Explains all known facts • Explains reasons for behavior • Told by credible witnesses • Supported by details • Is consistent with common sense

  6. Closing ArgumentParts needed . . . • Your Delivery • Your theme • Exhibits • The Law • Your best facts • Your weaknesses • Emotional connection • YOU & The Judge

  7. Your Delivery • Make eye contact • Lose the notes • Use visual aids • Create Drama • Use gestures, inflection, pauses

  8. The 60-30-10 Rule • 60 % Appearance • Body Language • Dress • Composure • 30 % Sound • Tone / Variety • Pace / Volume 10 % Content Word choice

  9. Effectiveness Statistically Speaking (7%) seven percent of information delivered verbally is remembered after three days. (65%) sixty-five percent of information delivered both visually and verbally is remembered after three days.* * UM/3M Study, Management Information Systems Center, School of Management, University of Minnesota

  10. Your Theme • Starts your closing • Links back to your opening • Provides continuity to case • Provides organizational framework for argument

  11. Exhibits • Must use some because A picture’s worth . . . • Don’t use all - choose only most persuasive • Create simple demonstratives • Practice how you will handle them and know where you will store them • Show them to opposing counsel if any issue of fairness

  12. The Law • Identify the issues in dispute • Show how the evidence/facts apply • Tie them to the verdict

  13. Your best facts • Facts first – then conclusions • Use their witnesses • Accept what they concede • Tie to your theme • Don’t try to recite all of your good facts

  14. Your weaknesses • Acknowledge them • Spin them • If you can’t spin, explain why despite them you still win

  15. Emotional connection • Find the moral outrage of the other side’s claim • Appeal to Justice, Fairness, Common Sense – not prejudice • Advocate = Persuade

  16. YOU & The Judge • Talk to her (or him) • Use plain language – simplify • Read their response (body language)

  17. Final Thoughts • Remember primacy and recency • Finish confidently (dismount) • Review, Practice, Revise • Accept the fact you might goof • Be Yourself

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