As litigators, we all dream of writing a compelling and beautifully crafted closing statement – a solid summary of the evidence that leaves the court breathless to write a statement in our favor, and our clients who want to pay our bills out of gratitude for exceptional advocacy. We have high hopes of closing the situation when we hear parts of the comments of our client and other witnesses, the decisions and reflections of the judge and the arguments of the other lawyer. And we can practically taste how wonderful our degrees will be when we look at the process at each of these stages. Oh yes, we think, I have to remember to include the judge`s comment in this evidentiary judgment. In a summary, self-represented or self-represented parties or police custody lawyers may only discuss evidence admitted during the trial. The lawyer in charge of the police custody should explain his subject, which should also have been included in the opening statement if it had been made. For example, the custodian lawyer should not raise something that has been ruled out of order after an appeal. Closing arguments may attempt to convince the court that it should rule in favour of the party by telling a story that the evidence allows. However, they are not necessarily intended to help the lawyer convince the judge to make decisions that are not based on the evidence. Keep in mind that there are several sources of information for your degree. The judge may make preliminary observations on the case or in chambers on which you wish to give your opinion.
Your client or an expert may have used clever wording to describe a feature of the case. In one of my recent trials, the expert stated that the father was « consistently inconsistent » in his positions during a custody study, a statement I found particularly helpful in my degree. And don`t forget the exhibits as a source of closing arguments, which should be identified by the exhibit number in your financial statements so that the court has a clear overview of why you are making your case. The judge can only prepare a verdict several days after the trial, so specific references to evidence and witness statements are useful to refresh his memory. Most importantly, using evidence figures and testimony-specific references adds a touch of credibility to your argument and makes the court more confident in its willingness to trust your perception of the case. Your point is made. They breathe a sigh of relief. But now, according to communication experts, you need an eye-catching introduction. This introduction will attract the attention of the Court and give you the impetus to deliver your degree with a reasonable level of enthusiasm. It should complement your topic.
Perhaps you are quoting a witness or reading evidence, or giving yourself an analogy with how your client or the opposing client approaches the case. Either way, do it. Your aim is for the Court to repeat your introduction and your subject in its judgment. Writing a closing argument is hardly brain surgery, but sometimes we treat it that way because we want it to be excellent. This advice offers ways to help the lawyer quickly draft a convincing closing argument by treating it as a brainstorming exercise rather than Chagall`s irreversible oil paint stain on a clean canvas. There are very few times when the practice of law resembles art; The last argument is one of them. Be creative and credible by preparing for closing arguments throughout the process. When planning your evidence, remember that not all information is admissible. Evidence must be relevant, reliable and authentic.
They need to identify and separate what is emotionally relevant from what is legally relevant. This is a challenge for self-represented litigants without legal training. It is also important to be prepared to respond to the opposing party`s objections regarding the admissibility of the evidence. In family court, your evidence is usually recorded in evidentiary records. The court and the witness will see the same record as you and the opposing party, so everyone sees the same evidence at the same time when you discuss the evidence. There is no reason to artificially divide tasks as a litigator. Being a good litigator is similar to flying an airplane with instruments – you have several critical functions to negotiate at the same time, and it`s perfectly acceptable (maybe even expected) to multitask. So that the hearing of the evidence of the final argument does not become too cumbersome, I suggest you simply use a color of the highlighter to identify the information that you think might be useful for your conclusion.
If you highlight important information, you`re more likely to worry about remembering it later. (Lawyers who are happy to highlight might use a different color for cross-examination.) It is also important to see how the opposing customer`s problem plays through the evidence. Did he make promises that were not kept during the trial? Did he present testimony or evidence that contradicts his subject? A major error is the part of a case in which the opposing client presents witness statements or evidence that significantly undermines his or her initial assessment of the case. Listen carefully to the case to identify this big mistake. At some point in the middle of your trade, be sure to identify the opposing customer`s big mistake to undermine the opposing case.