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All Things Have a Rhythm Inluding Your Closing and Examinations
I was listening to a new album by cousin Peter Neff that he created in collaboration with his co-composer Mauricio Yazigi titled Spanish Guitars. The sound and rhythm is mesmerizing. It reminded me that a good cross-examination or closing argument has its own rhythm and melody. The pace and delivery both lulls and controls the →
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Closing Argument – Save Your Zingers for Rebuttal!
If you are the plaintiff or the state prosecutor in a criminal case, you have the advantage of going last. However, remember that the scope of rebuttal is determined by the issues addressed in the closing argument of opposing counsel. When I was a law clerk right out of school, I saw team of attorneys →
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Closing Argument – Taking the Wind Out of the Other Side’s Sails before They Leave the Dock
It is important to stick with the argument that you’ve planned out and then aggressively and positively put forward your case. You don’t want to waste too much time responding to the other side’s argument to the detriment of their own. You want to help the jurors reach their own conclusions about the case through →
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Closing Argument: Begin Strong, End Stronger and Sock It to Them!
As far as I am concerned, when it comes to your closing argument, you want to begin strong and end strong. You are the director, producer and central author of the closing argument. Syd Field is the author of a number of books on screenwriting. His principles have equal application to the formulation of a closing →
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Plotting Your Strategy: Does Your Trial Have a Theme?
A theme acts as the unifying thread of your case. It is a thing that motivates the jurors to take action. Your theme needs to be integrated into your jury void dire, opening statement, direct and cross-examination, closing argument and jury instructions. There are number of potential themes. Watch movies and see how things are →
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The Million Dollar Question: How Much Should I Ask For?
There is no set rule. I would recommend that you play it by ear. If you have a case that is clearly worth a good deal of money, give the jury guidance as to how you calculated damages by breaking down each separate category covered in the jury instruction on damages and assigning a number to it. →
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A Recipe for an Effective Closing Argument
Below is a summary of some thoughts dealing with closing arguments which I would like to share. Like a good meal, a closing argument is something which requires careful preparation and a judicious mix of ingredients in the appropriate quantities. Below is my recipe for an effective closing argument. Goals While it may seem →
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Closing Argument: How to Combat Guilt by Association
Oftentimes, we have clients who through no fault of their own grow up in difficult circumstances or are simply in the wrong place at the wrong time. The opposing attorney may try to paint your client as less than worthy in the eyes of the law. However, remember that lady justice holds the scales of →
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The Barrister's Toolbox 