Avoiding Pitfalls in Closing Arguments

The closing argument is really important in a trial because it’s the lawyer’s last chance to convince the jury to see things their way. They can summarize the evidence, tie together key themes, and persuade the jury why their side should win. The lawyer can’t say anything that goes against the rules, but they do have a lot of freedom to make their case. They can talk about the evidence, give their opinions, and ask the jury to believe their side. It’s a big deal because it’s the last time the lawyer gets to talk directly to the jury before they make their decision. In closing arguments in court, lawyers have to be careful not to break certain rules. They can’t say anything about the law that the judge didn’t already tell the jury. They also can’t criticize the judge or argue with the decisions they made. Lawyers can’t make up facts or say they know for sure a witness is telling the truth. And they can’t talk about their own personal beliefs. It’s important for lawyers to be careful with their words and stick to the facts. When presenting your case in court, it’s important to avoid using language that could stir up strong emotions or prejudice against the other party. This means not saying anything negative about the other lawyer or their client, and not trying to make the jury feel sorry for your client or angry at the other side.

You also can’t ask the jury to imagine themselves in your client’s shoes, because that could lead to biased decision-making. Stick to the facts and the law when making your arguments, and avoid trying to appeal to the jury’s emotions or personal beliefs. Plaintiffs’ lawyers want to win their cases, but they can lose if they make improper arguments to the jury. Common mistakes include making emotional appeals, asking the jury to punish the defendant, giving personal opinions about the case or witnesses, accusing the defendant of hiding evidence, and talking about the plaintiff’s financial situation. These mistakes can lead to the verdict being overturned and a new trial being granted. So, it’s important for lawyers to be careful about what they say in closing arguments. It’s not allowed for lawyers to make certain arguments in court. They can’t appeal to the community’s conscience, make it seem like it’s “us against them,” talk about their own personal sacrifices, or compare the case to other awards in different cases. If they do, the verdict might be reversed and a new trial could happen. It’s not okay to tell the jury to give a big award and say the judge can lower it later. In a court case called City Provisioners, the lawyer tried to convince the jury to give more money with the promise that the judge could decrease it later. This is not allowed because it makes the jury feel like they’re not making their own decision and it doesn’t consider that the judge could also increase the award. So, it’s not okay to use the possibility of the judge changing the award to persuade the jury to give more money. In a court case, defense attorneys can make mistakes in their closing arguments that can hurt their case. They can’t personally attack the credibility of witnesses or make personal opinions about the case. They also can’t make arguments that imply someone else is responsible for the plaintiff’s injuries. If the defense attorney makes these mistakes, the opposing lawyer should object, or argue against the mistake, to protect their case. When making a closing argument in court, it’s important to avoid objecting too much, as it can make the jury think you’re trying to hide something. Instead, focus on pointing out any mistakes in the other side’s argument and make sure to stick to the facts and evidence presented in the case. It’s also important to make sure your closing argument is passionate and heartfelt, but without going too far and saying things that aren’t supported by evidence. By following these principles, you can make sure your closing argument is effective and helps your case. These are cases where lawyers made inappropriate comments during trials. They said things that were not supported by evidence, made the jury feel sorry for their client, or tried to make the jury feel bad for the other side. These kinds of comments are not allowed in court and can cause the trial to be done again. So, lawyers should be careful about what they say in court. In these legal cases in Florida, the courts overturned jury verdicts because the attorneys made improper statements during their closing arguments. For example, in one case the attorney asked the jury to set an example and prevent future incidents, which was not proper. In another case, the attorney called a witness a liar, which also wasn’t allowed. The courts said that when these kinds of things happen, the other party must object right away, or it’s hard to get a new trial. Tucker Ronzetti and Janet Humphreys are lawyers at a law firm in Miami. They handle cases involving fraud, liability, and class action lawsuits.

Source: https://www.floridabar.org/the-florida-bar-journal/avoiding-pitfalls-in-closing-arguments/