Patrick O'Keefe transparent portrait
THE PROBLEM SOLVER

The Closing Argument: Why Having a Consistent Theme Can Win Your Case

cased closed briefcase graphic for blog post featured image

There has been an ongoing debate—for centuries—on the most important part of any trial. In my opinion, the best trial attorneys are those who pick a theme of their case and use that theme to make a winning argument. There are several phases to the trial, which can be utilized to convey the attorney’s theme(s) to the jury. The phases are:

1) JURY SELECTION – VOIR DIRE

There are some lawyers out there who believe that selecting a jury is the attorney’s most important task. Indeed, this is an important tool. This is the first time the attorney will speak to the potential jurors, in a question and answer format called voir dire. Although it is important to determine whether a juror can be helpful or harmful to your case, according to the late Vincent Bugliosi, the famous prosecutor who tried and convicted Charles Manson, he could never tell if he was better off with the last 12 or the first 12 jurors in the box. While jury selection is an important task, it is not the most important task facing the advocate.

2) OPENING STATEMENTS

Others, including attorney Gerry Spence, say that the opening statement is the most important part of the trial. Those including Spence argue that the phenomenon of “immediacy”—a concept wherein the listener gets an immediate sense of the speaker’s message—is a chance for the attorney to cue in the jury on his central theme(s). However, the opening statement is not evidence, and the jury is told from the outset that the opening statements are not evidence. They are merely intended to aid the jury in understanding the parties’ respective theories of the case. Indeed the opening statement is an important tool. But all too often, attorneys make promises in their opening statements that unfortunately are not supported by the evidence that is admitted at trial. In that event, the attorney is left looking foolish after promising the jury something he could not later deliver on.

3) PROOFS—PRESENTATION OF EVIDENCE

After the opening statement, the attorneys are asked to present evidence. In a criminal case, the prosecution goes first. In fact, the defendant is not required to prove anything, and therefore has no obligation to present any evidence. In the event that the defendant does not wish to call any witnesses in his defense, the defense attorney must do a spectacular job of discrediting the prosecution’s witnesses. This is easier said than done. The defense attorney’s skill for cross-examination is tested in this setting. Often, the defense attorney can tell his client’s story and present his client’s case through effectively cross examining the prosecution’s witnesses and point out for the jury that they may be wrong or mistaken about something important to the case. However, even the most effective cross-examiner can fall short if he fails to make a brilliant, passionate, and dynamic final argument which effectively summarizes his case.

4) THE CLOSING ARGUMENT

The attorney’s theme MUST be presented to the jury in the voir dire, opening statement, proofs, and closing argument. But the final argument is the most crucial portion of this story telling process. It is the last thing the jury will hear before going to the jury room to begin their deliberations. Unlike the voir dire and opening statement, this is the time to inject passion into the attorney’s case. Far too often, attorneys have failed to adequately prepare for closing arguments, and their lack of passion in the courtroom during these final moments is devastating to their client’s case. That’s why many of the best trial attorneys—people like Bugliosi and Spense—wrote or outlined their closing arguments at the beginning of their case, when they first got retained by the client. Jurors need to know that you believe your client and you are passionate about his or her case. The last thing you want to do is leave the jury with the sense that you don’t care what happens to your client. But beware: this is not a time to vent anger. This is a time to evoke a sense of righteousness into your client’s cause, even a sense of respectful indignation. This is a time to explain to the jury that your client is right and your opponent is wrong.

In summary, the theme of the attorney’s case must be presented at the beginning, middle, and end of the attorney’s case. Failure to do so could prove fatal. When your client’s life and liberty are on the line, the attorney must be able to deliver by driving these points home. And the most important time for this is at the very end of the case.

Recent Posts

How to Get a Criminal Case Dismissed: The Facts gavel in court with justice scales federal charges practice area support image

Trials are not inevitable when you’ve been charged with a crime. In fact, more than 97% of state and federal criminal cases will never make it to trial. Many are resolved with plea deals before the case heads to court. About 8% will be dismissed by prosecutors. Undoubtedly, the dismissal of a case is an […]

Read More
Guide to Hiring a Criminal Defense Lawyer Attorney Patrick O

You may be facing criminal charges, or you might be seeking justice for yourself or a loved one. Either way, it’s critical to find the right criminal defense attorney to handle your case. We know this is a difficult decision—that’s why we’ve put together this detailed guide on hiring a criminal defense lawyer.  If getting […]

Read More
Attorney Patrick William O’Keefe Achieves Recertification In Criminal Trial Law National Board of Trial Advocacy Badge

ATTORNEY PATRICK WILLIAM O’KEEFE ACHIEVES RECERTIFICATION IN CRIMINAL TRIAL LAW WITH THE NATIONAL BOARD OF TRIAL ADVOCACY LANSING, MI -The National Board of Trial Advocacy (NBTA) is pleased to announce that Patrick William O’Keefe of the law firm O’Keefe Law, PLLC, has successfully achieved recertification as a criminal trial advocate.  The NBTA was formed out […]

Read More
Six Problems with the Prosecution of Child Sexual Abuse Cases in Michigan Child holding up here hand in the "stop motion" for blog featured image

As a board-certified criminal trial attorney, I have been asked the following question: “How can the government prosecute me for child sexual assault when they have no evidence of my guilt?”

Read More
Ending Sexual Abuse miserable sexually abused woman for blog post featured image

Child sexual abuse (CSA) is not a new phenomenon. It’s been going on since the beginning of the human race.

Read More

Email Us

Fill out the form and send it & we will quickly reach back out to you with answers.

© Copyright 2021 | O'Keefe Law | All Rights Reserved
Calling our firm does not immediately establish an attorney/client relationship. O'Keefe Law is a high-demand firm & accepts clients very selectively.
3893 Okemos Rd, 
Suite B1
Okemos, MI 48864
Google Reviews Link
Powered By:
Epic Web Results text logo
(517) 253-0114
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram