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Closing argument is your final chance to sway jurors.  This is the last time you’ll be able to address the jurors and show them why your client deserves to win.  If any of the jurors are sitting on the fence, this is your last, best chance to move them to your side.  So why do so many lawyers squander this opportunity?  Many lawyers spend their entire closing argument making arguments like this:

“Ladies and gentlemen of the jury, there’s no doubt that we have proven this case.  We have proved that the Percolam X1000 Chicken Baster is faulty and that it caused over $287,000 worth of damage to Ms. Psalgraf’s kitchen.  We also proved to you that she suffered emotional damages and will never be able to look at a chicken again without thinking about this tragedy.  We’ve proven to you that her pain and suffering is significant, and that she is entitled to $200 million in additional damages.”

All of those statements may very well be true, but so what?!?  Why should anyone care?  Those conclusory statements aren’t persuasive.  Arguments like these fall upon deaf ears because they ignore one of the basic guidelines of persuasion.  Think about it…  Do you like to be told what to think?  Do you like to be told what to do?  Do you like people forcing their opinions and beliefs upon you?

Neither do your jurors. 

As sales authority Jeffrey Gitomer describes it, “People don’t like to be sold, but they love to BUY!”  If you try to tell your jurors what conclusions they should reach or tell them what they should think, you will encounter resistance.  Sometimes the resistance becomes so strong that you’ll find them actively arguing against you and thinking of new reasons why your conclusions must be wrong. 

To be more persuasive during closing argument, don’t tell the jurors what to think.  Instead, show them why your conclusions are correct.  Help the jurors reach the conclusion on their own.  They will cling to the conclusion much more strongly if they reach it on their own.  Jurors are proud of their own ideas.  They will tightly hold onto those ideas and refuse to let them go.  When you let the jurors put the facts together for themselves, they’ll sell themselves on the outcome.  When it’s “their” idea, they will believe it and reject any contrary explanations. 

In your next closing argument, evaluate your statements to the jury.  Are you trying to force an idea down their throats using conclusory language?  Or are you leading the jurors in the direction of your conclusion, but then allowing them to take the final steps on their own?  Find a way to present your ideas so that the jurors think it’s something that they came up with (rather than you), and your closing arguments will immediately become more persuasive.

Recently I was helping a friend draft a cover letter.  If you’ve ever spent much time reading resumes and cover letters, you know that most of them say something along the lines of, “Me!  Me!  Me!  I’m awesome!  I’m amazing!  I’m the best!”

But here’s the problem…  Employers don’t care about you.

They don’t care how awesome you are, how smart you are, or how skilled you are.

What they really care about is what you can do for them.  They want to know if you can successfully handle the job, whether you can help make them more profitable, or solve the problem that they need fixed.

That’s why good letters start off by entering the discussion that’s already going on in the employer’s mind, and position the prospect as the solution to the employer’s problem.  For example, here’s something you might want to read if you were hiring a receptionist:

“When you hire a new receptionist, one of the biggest concerns you have is whether or not that person is qualified to handle your QX-4700 AT&T phone system.  Dropped transfers and misrouted calls are not only annoying, they cost you business.  That’s why you want a receptionist who is an expert on the QX-4700.  For the past 7 years, I’ve worked exclusively with the QX-4700 and have trained 14 new attorneys how to set-up their voicemail and use the QX-4700 system.  My experience with the QX-4700 will ensure that your calls are routed properly and that your business operates at peak efficiency.”

That letter will probably generate a lot more interest than the typical, “I’m awesome, you should hire me” cover letter that most prospects send out.  More importantly, the better that the prospective receptionist can define the employer’s problem, the more likely he is to hire her.  If he picks up her letter and thinks, “Wow, she really understands the problems my office is facing,” then he’s probably going to assume that she’s the perfect solution to his problem.

The same technique applies when you’re trying to persuade jurors and win trials.

If you can get inside their heads and understand what they’re thinking about, you’ll do a much better job of structuring your closing argument and addressing their needs.  To persuade jurors, you need to enter the conversation that’s already going on in their minds.  So ask yourself,

• “What are they thinking about?”
• “What concerns do they have about the case?”
• “What’s going through their minds when I stand up to deliver my closing argument?”

If you can answer those questions, your closing will be more valuable to your jurors.  They’ll see you as the guide they can trust, the person who will help them understand the evidence, and the person they can rely upon to help them through the case.

Some jurors will feel offended if you presume to know what they’re thinking, so rather than assuming that you know what they want, you might want to preface your arguments with a statement like, “One question that a lot of jurors ask is…” and then asking the question on behalf of your jurors.  For example:

“One question a lot of jurors ask is, ‘How am I supposed to fill out the verdict form?’  Here’s how you fill it out:  One of you will be selected as the foreperson.  You’ll be responsible for signing and dating the form.  At the end, that person will sign their name [here] and print the date [here].  You’ll also check the verdict form [here], finding the defendant not liable for Ms. Jones’ injuries.”

“One question that we often hear is, ‘I’ve heard all of the testimony and seen all of the exhibits, but what am I supposed to with it?’  That’s why the judge is going to read you special instructions about the law.  He’ll tell you exactly how to apply the facts you’ve heard to the law.  One of the instructions he’s going to read you will talk about the issue of expert witnesses.  Here’s what he’ll say…”

“One thing that you might be talking about in the deliberation room is, ‘What do we do if we think both parties are partly responsible?’  Here’s how to answer that question…”

Regardless of whether you’re applying for a job, talking to a judge, or addressing a jury, it’s important to get inside the mind of the person you’re addressing and enter the conversation that’s already taking place inside their minds.  If you can define the problem they’re facing and provide the solution, you’ll be far more persuasive than anyone else in the room, and you’ll be the person they can trust when it comes time to make their final decision.  Good luck!

Have you ever dreamt of conducting a “perfect” impeachment during cross-examination?  You know, the type of cross-examination that usually only happens in the movies,  impeaching the witness by pinning down their in-court testimony, and then calling them a “liar” when you confront them with undisputed proof that shows their statement is false?

Almost every lawyer I know salivates at the prospect of impeaching a witness like that.  But before you start calling the witness a “liar,” let me share with you a lesson I learned from a Jedi Knight.

Just in case you’re one of the four people on the planet who’s never seen the Star Wars trilogy, let me give you a little background.  Our story starts “a long time ago, in a galaxy far, far away…”  In the first movie, Luke Skywalker is asking the Jedi Knight, Obi Wan Kenobi, about his father:

Luke Skywalker: How did my father die?

Obi Wan Kenobi: A young Jedi named Darth Vader, who was a pupil of mine, was seduced by the Dark Side of the Force.  He betrayed and murdered your father.

A clear and simple explanation, right?  But in the next movie, The Empire Strikes Back, Luke confronts Darth Vader.  During their light saber battle, they have this exchange:

Darth Vader: “Obi Wan never told you what happened to your father.”

Luke Skywalker: “He told me enough.  He told me you killed him.”

Darth Vader: “No — I am your father.”

So which is it?  Did Vader kill Luke’s father?  Or is he Luke’s father?  (I can’t believe you don’t know this stuff already.  It’s a heck of a lot more important than what happened to Mrs. Palsgraf on the Long Island Railroads!)  Luckily, our story doesn’t end there, and in the third movie, Return of the Jedi, Luke gets the answer to his question.  He returns to finish his Jedi training and asks Yoda if Vader is his father.  After Yoda confirms that Darth Vader is Luke’s father, Luke has this conversation with Obi Wan:

Luke Skywalker: Why didn’t you tell me?  You told me Vader betrayed and murdered my father.

Obi Wan Kenobi: Your father was seduced by the Dark Side of the Force.  He ceased to be Anakin Skywalker, and became Darth Vader.  When that happened, the good man who was your father was destroyed.  So what I told you was true.  From a certain point of view.

Luke Skywalker: A certain point of view?

Obi Wan Kenobi: Luke, you’re going to find that many of the truths we cling to depend greatly on our own point of view.

And that statement brings us to a valuable cross-examination lesson.  Just because the witness says something that you can prove is false, does that mean the witness is lying?  Maybe, maybe not.  But even if he is, before you bring out the heavy ammunition, ask yourself if you really want to drop the “L” word on your jury.

You don’t necessarily need the jurors to think the witness is lying, do you?  All you really need is for them to disregard his testimony, right?  It doesn’t matter why they disregard it, just so long as they do.  So why take on an extra burden for yourself?  And that’s why Obi Wan’s statement is so valuable.  If you can come up with a comfortable way for them to disbelieve his testimony, that’s all you need to do.

What Obi Wan is saying is that you don’t need to prove that the witness lied to the jurors, all you need to do is show that the witness was mistaken. If you can show the jurors that this witness’s “truth” is based on his own point of view, and his point of view differs from what really happened, the jurors can disregard the witness’s testimony, without being put in the uncomfortable position of having to call him a “liar.”

You probably already know that most jurors don’t like to think that witnesses are lying to them.  Most jurors have a difficult time believing that a witness can take the stand, raise his right hand, promise to “tell the truth, the whole truth, and nothing but the truth,” but then look the jurors square in the eye and lie to them.

Because we’re lawyers, we don’t have any problems believing that someone will take the stand and lie to us.  But jurors don’t think like that.  Maybe they’re more optimistic than we are, or maybe they don’t get lied to as often as we do, but most jurors I’ve met prefer to think that any witness who takes the stand is going to be honest with them.  (Yes, they even expect 10x convicted felons to tell the truth.)  If you attack a witness’s testimony by calling him a liar, you’re going to need to prove that he lied.  If you can’t prove that he lied, you face an uphill battle trying to get the jury to disbelieve his testimony.

Before you plan your next cross-examination, ask yourself if you need to prove the witness is lying.  Is there an easier way to discredit his testimony?  Can you show the jury that his point of view conflicts with reality?  If so, consider making things easier for your jurors.  They may still decide to call him a “liar” in the deliberation room, but they won’t need to do it.  Just show them that they can disregard the witness’s testimony without calling him a liar, and you’ll make it easier for them to return the verdict you deserve.

During closing argument, you want to drive your arguments home to the jury.  It’s not persuasive to merely say, “The witness is wrong because she’s biased.”  You need to be able to help the jurors understand how that bias affected her testimony and why they shouldn’t believe her.  Before you start preparing your next closing argument, start collecting the stories and analogies that will help you persuade the jurors.  Here are nine resources to help you develop persuasive closing argument material:

1. Aesop’s Fables. Aesop’s Fables contains dozens of valuable themes for use in your next trial.   By weaving these fables into your closing argument, you’ll help jurors immediately understand the underlying values of your arguments and see why your client deserves to win.  The Tale of the Sour Grapes, the Tale of the Lioness and the Vixen, the Tale of the Wolf in Sheep’s Clothing — these stories will not only educate your jurors, they’ll also entertain them.

2. The Bible. I don’t know about you, but whenever I think of a persuasive “southern lawyer,” I envision an older, white haired gentleman wearing a seersucker suit, preaching to the jury in a southern drawl while pounding a well-worn leather bible on the rail of the jury box.  Quoting from the Bible in closing argument has been an effective persuasive tactic since…  well, since Biblical times, I guess.  Be aware of the caselaw in your local jurisdiction before quoting from the Bible (some courts explicitly frown upon the practice), but if you’re allowed, consider adding Biblical references to your closing argument.  You might employ entire stories, direct quotations of Biblical passages, or perhaps you’ll only allude to a “bite from the apple” or ask them not to “split the baby.”  If nothing else, at least read the entire book of Proverbs: It’s probably the best source of common sense arguments you’ll ever find.

3. Comic books. If you haven’t read Frank Miller’s The Dark Knight Returns, Marvel’s Civil War series, or Alan Moore’s The Watchmen, you’re not only missing some great stories, you’re also missing out on some powerful themes and storylines that you can employ in your closing arguments.  In addition to these graphic novels, familiarize yourself with Superman and Lex Luthor, Prof. Xavier and Magneto, the Hulk and Bruce Banner, Spiderman and J. Jonah Jameson, and the rest of the comic book multiverse.  Life isn’t always “Good vs. Evil,” and neither are jury trials.  Comics can help you explain what jurors should do in those “gray” situations.

4. Things that happened to you in childhood. Take a few hours and write down the interesting stories of things that happened to you as a kid.  Did you ever take a candy bar without paying?  Get pushed around on the playground?  Look in the back of the algebra book for answers?  These type of stories resonate with jurors, because they usually have similar life experiences.  (It also helps to remind them that you weren’t always a lawyer!)  When you turn that candy bar story into an argument about why a witness is reluctant to tell the truth, or turn the algebra story into a compelling reason why your opponent’s expert fudged his work, jurors will have a better understanding of why your client should win.

5. Stories about your kids. Jurors want to listen to lawyers who they trust, so how can you show them that you’re trustworthy?  If you’ve got kids, you’ve got a shortcut for establishing your credibility with the jurors, because being a parent means that not only were you able to convince someone to tolerate you, you were able to convince them you were trustworthy enough to raise children.  All parents have similar stories of children saying “the darndest things,” blaming their siblings for broken items, and demonstrating (in the cutest way) dramatic life lessons.  Keep a written list of fun things your kids did and the lessons they taught you, and you’ll have an arsenal of compelling stories at your disposal.

6. Classic literature. As a trial lawyer, you should be well-versed in great literary works.  (Confession time: I didn’t actually read A Tale of Two Cities in 8th grade – I read the Illustrated Classics version.  It’s actually a captivating story in comic book form!)  Your familiarity with classic literature will provide you with an endless array of stories and analogies.  For example, you could illustrate the effect of circumstantial evidence by telling the story about how Robinson Crusoe fainted after discovering the footprint in the sand, because he knew he wasn’t alone on the island.  You might compare the plaintiff to Captain Ahab (Moby Dick), equivalate the defendant’s comments to “the black spot” (Treasure Island), or even describe the situation as a “Catch-22.”

7. Mythology. Did the Sword of Damacles dangle above the witness’s head during cross-examination?  Did your examination of their star witness open a Pandora’s Box?  Are you asking the jurors to untie a Gordian knot with their verdict?  Is your opponent asking your client to perform a Herculean task?  Don’t assume that your jurors know their mythology.  Instead, tell them a short, punchy version of the myth, and then show how it applies to your case.

8. Idiomatic expressions. Is it time for the defendant to “face the music?”  Was the company “flying by the seat of its pants?”  Is your opponent trying to “sweep something under the rug?”  Idiomatic phrases are an excellent tool for illustrating your point.  Here are two lists of English idioms to search:

http://www.learn-english-today.com/Proverbs/proverbs_A-K.html
(Alphabetic listing of idiomatic phrases)

http://www.learn-english-today.com/idioms/idioms_proverbs.html
(Idiomatic phrases listed by theme)

Before using the phrase, make sure that your jurors understand what you’re talking about.  For example, don’t just say it was a “red herring” argument, tell them the story behind the phrase, describing how convicts used red herrings to divert bloodhounds from their scent.

9. Movies. Is the informant selling out his friends to appease the government and protect his own interests like Lando Calrissian did in The Empire Strikes Back? Has your client been reliving every day since the crash like it’s Groundhog Day? Did the defendant force your client to make a Sophie’s Choice? Even terrible movies can serve as inspiration.  If you describe how the defendant’s actions ruined the company the same way Joel Schumacher’s Batman & Robin killed the Batman franchise, jurors will immediately understand what you’re talking about.

Do you have other recommendations? I’m sure I missed dozens of other worthwhile closing argument sources.  Tell me (and more than 10,000 other trial lawyers) where you find your closing argument ideas by posting a quick comment below!