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The "Art" of a Closing Argument

Introduction

Closing arguments. If you have ever watched a television series that is in any way law-related (e.g. the ever-popular Law & Order series), you have probably seen at least part of a closing argument. The term "closing argument" is pretty self-explanatory—it is the final argument made by an attorney (or self-representing party) at the closing of a hearing or trial. But regardless of how simple a closing argument sounds, it is actually quite complex when you take into consideration the importance of your closing argument, as well as the precise manner in which you must deliver it to the jury.

Closing arguments are the culmination of a jury trial—the last and final chance to communicate directly with the jury. If done properly, the closing argument will have a lasting impact on each jury member’s psyche, whether the argument simply reinforces that member’s beliefs that they should rule in your favor, or whether it sways a juror who was toying with the idea of ruling against you.

This article will help you to understand the art of a closing argument. We will also take a look at what makes a "killer" closing argument by comparing some popular American movies. So, if you are currently involved in a trial, this information will be helpful to both you (especially if you are representing yourself) and your attorney.

Now, let’s go over the basic components of a closing argument.

The Basics of a Closing Argument

Assume for a moment that you are a lawyer sitting at your appointed table in a packed courtroom. The judge calls you to deliver your closing argument to the jury. Silence immediately fills the entire place. The jurors, judge, and all the spectators in attendance are looking at you. You gather your composure, focus on what you’re going to say, and stand up. Now what?

The first thing to understand is the mindsets of the jurors themselves. Think about it. Each jury member has been forced to sit upright in an uncomfortable chair for hours upon hours, maybe even several days, listening to a lot of information or concepts that they may not completely understand. They are definitely tired, possibly bored, and hopefully each one of them has begun to develop an opinion about the information that has been fed to them through witnesses and exhibits. Those jurors who are taking their civic duty seriously may even be a little nervous about whether or not they will make the decision that will truly bring justice to the party that was wronged.

Because all of these thoughts and emotions are swimming in the minds of the jurors, it is important that you deliver an effective closing argument that logically ties the case together from beginning to end. As you present a logical argument, it must be done in a manner that is persuasive. You should always remember in the back of your mind that you want to persuade those who are unsure, persuade those who just plain don’t think you should win, and persuade those who are on your side that they have made the correct and just decision.

Once you understand the mindset of the jurors and your corresponding mission to deliver a forceful closing argument, you must understand the specifics about how exactly you’re going to orchestrate your argument so that you get the results you desire. Let’s break it down into four (4) main considerations: (1) create a theme, (2) argue persuasively, (3) maintain a "presence", and (4) deliver a closing that "sticks."

Next, let’s go over how to create a theme.

Create a Theme

First, you need to begin by creating a theme that embodies the notion that the jury should rule in your favor. If you or your attorney delivered an opening statement, then you should use and build off of that same theme in order to maintain a cohesive story that comes full circle from beginning to end. You want to show the jury during your closing argument that you proved everything that you said you would in your opening statement.

If you brought the lawsuit as the plaintiff, then an example of a theme would be the idea that the defendant needs to take responsibility for his or her actions. If the defendant caused you pain and suffering in some way (e.g. a car accident), you could say something to the effect of "Ladies and gentlemen of the jury, this is a case about taking responsibility for your actions," and then build off of that theme. If you do this in an enthusiastic way, you are showing the jury that you are confident about your position and you believe in your case. Additionally, if you do this at the very beginning of your closing argument, you can do it in a way that makes it seem like a cliffhanger. I mean, we all love cliffhangers, don’t we? Cliffhangers, when cleverly placed at the end of a movie or television show, keep us coming back for more. They are the reason we tune in for the sequel or the next episode. For example, you could say the following: "Ladies and gentlemen of the jury, this is a case about revenge. But as you’ve seen today, revenge isn’t always so sweet." If you pause for a moment after you say this, the jurors will likely be leaning forward to hear more, and you will have successfully completed your first task.

Next, let’s go over how to argue persuasively.

Argue Persuasively

Next, let’s go over how to argue persuasively.

Maintain a "Presence"

Second, you need to truly "argue" during your closing argument. Jurors don’t want to sit there for an additional period of time and hear you regurgitate the same information that they’ve heard over the past several hours or days. They want and need to hear you argue about why, after all of the information that was presented during the trial, they should rule in your favor. This needs to be done in an efficient manner. You must appeal to the jurors both logically and emotionally, and you must simultaneously incorporate your overarching theme. Jurors want you to articulate and argue the facts that support your familiar theme. What they don’t want to hear are your personal opinions. Everyone has an opinion, including the jurors, and they need cold, hard facts to support or sway their opinions. Stick to the facts, and analyze the information they have heard over the course of the trial that is consistent with your theme—this will only further prove that you have done your job efficiently from beginning (your opening statement) to end (your closing argument).

Next, we’ll see how to maintain a "presence" in front of the jurors.

Deliver a Closing That "Sticks"

Third, you need to use eye contact and body movements to reinforce the actual language of your argument. In order to make your argument as efficient and forceful as possible, you need to make each individual juror feel as though he or she is an important part of the trial. Attempting to make eye contact with each juror is crucial to ensuring that he or she will feel this way. Make eye contact with an individual juror, and maintain such contact for a full sentence or two. But be careful—don’t stare at a juror in such a way that you make them feel uncomfortable or intimidated. You should appear to be having a simple conversation with each person. Be forceful, yet kind in your demeanor.

In addition to eye contact, you should enhance your spoken words through body movement. First and foremost, your positioning itself is a key part of your closing argument. You should face the jury box at all times, and you should maintain a distance far enough away from the jury box that you cannot reach your arm outward and physically touch the jurors. You should also position yourself at the center of the juror box so that all of the jurors can see you clearly. Avoid pacing back and forth, as that might be distracting to the jurors. Instead, use your hands to reinforce your words. Keep your hands positioned above your waist so that all of your movements are near your upper body and near your face (where those important words are being spoken).

Finally, we’ll show how to deliver a closing argument that "sticks" with the jurors.

Conclusion

In conclusion, as you can see, a closing argument can have a truly powerful effect on the minds of the jurors. It is a crucial part of each and every case, and if done properly, can sway the jurors in your favor at the last possible minute. Remember, the closing argument is your last opportunity to communicate with the jurors face-to-face before they begin deliberating which verdict they should deliver. A closing argument that is forceful, well-articulated, and both logically and emotionally appealing can make all the difference in the outcome of a trial.