Admit it… You’re a little surprised at how quickly this trial has progressed, aren’t you? You thought it would take at least a week to try this case, but thanks to some stipulations from opposing counsel (and the judge’s continual prodding to “Move it along, counsel”) you’ve managed to pack 47 witnesses and 137 exhibits into a mere four days of testimony.

Now it’s time for your closing argument. You rise from your seat, walk to your power position in the well of the courtroom, and begin weaving together the individual snippets of testimony into a seamless story.

There’s only one problem. As you refer back to testimony from earlier in the week (“Remember when Bill Smith was telling you how the product was designed? He said that unless you held it with both hands, it would kick back and hit you in the mouth?”) you notice a quizzical look on the jurors’ faces.

They’re thinking to themselves, “Bill Smith… which guy was that? Was he the guy with the blonde hair who testified on Monday? The rough looking guy from yesterday? Jeez, I can’t remember who he was.”

Let’s face it, even in a short case, it’s not always easy to differentiate between all the different witnesses. But luckily, there’s a quick and easy solution you can apply that will make it easy for your jurors to remember who said what.

Here’s the solution: Get photos of all the witnesses.

Then, when it’s time for your closing argument, you can show the jurors the photo, and refer to the witness’s earlier testimony. The great thing about this simple trick is that when you use a computer projector to show the photo (accompanied by highlights of their testimony), it’s like they’re testifying again. Here are some quick examples:

“If you don’t hold the XP-500 with both hands, it will kick back up and hit you in the mouth.”

- Bill Smith
Expert Witness

 

 

“It would cost over $30,000 to make
each one safe.”

- Larry Cohen
SafeCo’s CEO

 

 

“I told the plaintiff to take the pills without food or else she’d get sick. She said, ‘Whateva, I’ll do what I want’ and walked out of our office.”

- Susan Lustre
Nurse in Dr. Mike’s office

 

You can photos of the witnesses from their websites, company sites, university sites, etc., but the most effective type of photo you can use is a photo snapped the same day the witness testifies, so their clothing and hairstyles look the same for the jurors.

Studies show that it’s easier to remember something when we both see it and hear it. By showing photos of the witness, you’ll spark the jurors’ memories of the witness while also highlighting the important parts of their testimony. By making it easier for your jurors to remember the highlights of your case, you’ll make it easier for them to return the verdict your client deserves.

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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.

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Well, the title of that post might be a bit of an overstatement, but in this article by Professor James Tanford from Indiana University School of Law, he presents a valuable overview of trial procedure that will be beneficial to anyone conducting their first mock trial or prepping for their first jury trial.� Trial Advocacy Tips and Tactics

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