Entries tagged with “closing argument”

Closing argument video clip from a brain injury trial

This is a snippet from closing argument in a catastrophic brain injury case I tried with attorney Gordon Johnson.  The courtroom is wired for videoecording.  But the microphones are not that great so you have to turn up the volume.  The video is here:  http://youtu.be/xoMJYITY5Vc  ... More

The nicest thing an opponent has ever said to me

We have been in trial for a month.  Many times he's told me to back off.  We have been Going. At. It. He is one of the best defense lawyers I've tried a case against.  Nick started as an associate with his law firm when I was in the 8th grade.   But he's not old fashioned.   He used powerpoint in opening and closing.  All of his trial exhibits were projected just like ours - electronically via a 70" LCD screen. Through the extensive pretrial process, I described him as that character from Terminator.  You know, the bad cop.  No matter how many times... More

Co-opting Ye Old Glass Is Half Full Defense

The only health condition the defense won't try to spin - is death.  One technique used against plaintiffs, is to paint them as negative whiners.  The defense mocks the injured person by saying they are overly focusing on their injury and see the glass as half empty.  The logic is - if the person had a better mindset - they would see the glass is half full and everything would be better.   If the glass is half full defense works as planned, the jurors will feel nothing but irritation towards the injured person.  Because no one feels compassion for a person who only sees and wants the... More

Tips for Attorneys: where's the beef ... closing argument with PPT

The lawyer is incensed. Has come up to the podium to speak to me following a CLE presentation to the WSBA (state bar association).  I can't believe any defense lawyer would ever let you show a PPT like that in court!  He is practically gasping for breath.  So angry. What's the big deal.  What's so awful about showing as well as telling.  Well, he doesn't like the "Where's the beef" slide.  When popped little granny up on the screen, simply smiled at the jury.  Then they mouthed the famous words for me. How! Dare! You!  He stomps off. Actually wish more defense... More

Closing PPT

Closing.pdf This powerpoint was used in closing statement today during trial. ... More

How to work Oprah into a closing argument

By now you know, I love Oprah.  I'm actually in somewhat of a tizzy as we count down her final season.  Who will keep me company those late nights on the treadmill.  Oh Oprah - I will miss you so. Here is an excerpt from my trial diary on closing earlier this month.  I am also posting the first ten minutes of the argument.  I taped this with my flip.  It is very funny as my head is completely cut off.  You can watch my torso give closing argument.  I’ve been thinking about closing since the day Steve invited... More
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