Domestic Diversions

Checklists
CLOSING ARGUMENTS:
Objectives:
To answer lingering questions.
To argue theory of case (perspective):
1. Explain what case is about, what is important, and why.
2. Put all parts together into a whole.
3. Persuade trier-of-fact to find in your client’s favor.
Content:
1. Be as brief as possible.
a. Long enough to cover subject.
b. Short enough to keep interesting.
2. Answer lingering questions and sit down.
3. Argue theory of case:
a. Facts, especially with references to instructions.
b. Purpose and significance of each type of evidence.
c. Burden of proof.
d. Credibility of witnesses.
1) Why some should be believed.
2) Why some should not be believed.
e. Strengths.
f. Admissions or favorable cross-examination testimony.
g. Weaknesses.
1) Explain how overcome.
h. Opponent’s weaknesses.
1. Equities.
j. Consequences to “community.”
Structure:
1. Introduction:
a. Reduce dispute to bare essentials:
– What case is not about.
– What case is about.
b. Highlight theme in interesting manner.
2. Middle:
a. Primacy and recency:
1) Best point first.
2) Second best point last.
3) Third best point in the middle.
b. Speak as if outline:
1) Use rhetorical questions as outline heading.
(a) Anticipate questions as if the trier-of-fact could speak to you.
2) Summarize evidence periodically.
(a) Show where in outline you are.
(b) Tell when leaving one issue, going to another.
3. Conclusion:
a. Summary of conclusions you want trier-of-fact to reach.
b. Tell trier-of-fact what remedy/verdict you want.
Delivery:
Be yourself.
Be sincere.
Believe what you ask the trier-of-fact to believe.
Use words the trier-of-fact understands.
Use words and ideas that move or motivate people (hopes, needs, fears).
Maintain eye contact. Don’t read.
Use outline.
Use themes, analogies, stories, rhetorical questions.
Use exhibits, visual aids.
Emphasize.
Use understatement.
Use overstatement.
Use silence.
Be confident (preparation). Begin without notes. Finish without notes.