Closing statements are one of the most important components of a trial. They represent your final opportunity to present your case to the jury before deliberations commence. In some states, like state court in New Jersey, the plaintiff has the last word — i.e., plaintiff closes last.
It is very important that you continue to maintain your credibility. Do not attempt to oversell your case or appear to quarrel with or attack opposing counsel. Agreeing with opposing counsel on issues that will not adversely impact the decision you want in your case can create an atmosphere that will make the jury more receptive to you.
Equally important is that you appear knowledgeable about your case. Reading a closing statement is perhaps one of the biggest mistakes a trial attorney can make.
I typically prepare a list of key points that I want to cover. My list is on an 8½ x 11 legal pad and I set it on counsel table or the lectern and usually do not even look at it during the closing statement. I have found my most effective closing statements pass by seamlessly without even looking at my notes.
I try to fashion my closing statements as a story and not as a point by point rebuttal to what my adversary just said. It can be very effective if you weave in discussions of the evidence that contradicts your adversary's statements and then remind the jury what your adversary just said. This damages your adversary's credibility without making you appear contentious or disagreeable.
Remember, your closing statement represents the last word before the jurors commence deliberations. You must continue to maintain your credibility, not oversell your case and present an effective argument as to why they should rule in your client's favor.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
