GOOD COUNSEL.

Deliver a strong closing

The image of the trial lawyer in summation is that of an orator holding the jury spellbound by the eloquence of language and the forcefulness of delivery. It is a moment of high drama that calls for careful attention to the facts and the law. Here are guidelines for successful delivery of a closing argument.

1. Develop your own style.

Choose a style of delivery that maximizes your talents and minimizes your shortcomings, one tailored to your own personality. Do not try to imitate other lawyers, since the jury may notice any affectation and think that you are not speaking from the heart.

2. Be sincere.

Closing argument is usually too late to convince the jury that you are sincere and that your client's cause is honorable. Throughout the trial, you should strive to show that you and your client are honest and moral. Take care to preserve that impression during summation.

3. Use logic to persuade.

Closing should be the most persuasive part of your case. Discuss the case logically in plain, forceful language, convincing the jury that both the law and justice require them to decide in your client's favor.

4. Use emotion carefully.

In closing, show some emotion and deep conviction, but your choice of language and the intensity of your delivery should depend on the type of case and the jury's composition. Remember that overuse of emotional appeals may be disastrous, and loud, bombastic oratory is rarely appropriate.

5. Use the conversational approach.

Closing argument should take the form of a discussion with the jury. Use a pleasant, conversational tone. Be frank and direct, using simple language and short sentences where possible. Your pace should be slow enough for jurors to follow the argument, but fast enough to prevent them from becoming bored.

6. Be spontaneous.

Even though you follow a prepared outline, make your presentation appear as extemporaneous as possible. Above all, do not read the final argument to the jury. If you are properly prepared, you will know the major points of your argument and will not need extensive notes for reference.

7. Rehearse your argument before an "audience."

Rehearsing your summation will sharpen your argument, give you more confidence, and enhance the spontaneity of your delivery by enabling you to avoid extensive references to notes. Rather than rehearse alone, practice your summation before your family, friends, and associates. While the reactions of your legal colleagues will be useful, to better appreciate the potential jury reaction, include laypeople in your rehearsal.

8. Speak to each juror.

Address the final argument to the entire jury, and look at each member of the jury individually at various times throughout. Eye contact will reinforce your credibility and will also keep the jury's attention.

Emmanuel E. Edem Oklahoma City, Oklahoma 

A few good guidelines

Here are a few practice pointers for new lawyers to remember when facing their adversary and/or trial judge.

1. Honeste vivare.

"Live honorably." Always honor your personal and professional reputation for honesty and fair dealing. If you are always honest, you will be known as an honorable advocate by your peers.

If you misquote the law, misrepresent facts, or make empty threats to litigate, you will quickly develop a negative reputation.

2. Semper paratis.

Like the Boy Scouts of America, always be prepared! Know the facts, the law, and the procedure applicable to your case. If you are not prepared, admit it, and ask for reasonable time to prepare. Don't bluff!

3. Learn to listen!

By listening to your adversary, you will often learn not only what type of person he or she is, but also what his or her defense is all about. Let your adversary do the talking, as much as is practical, during negotiations. You will gain insight into the issues that the defense believes are important.

By listening to the trial judge, you will often learn what the trial court believes are the important issues in the case. Give your adversary and the court your undivided attention. When you are speaking, you are not listening or learning.

4. Learn to concede.

No case is perfect. Admit the weak points in your case and don't worry about tipping your hand. Do not be intimidated to put all your cards on the table when asked to discuss settlement with the court. If there is an invalid argument or point in your presentation, concede it. Making reasonable concessions, when necessary, will help establish your character as reasonable and forthright.

5. Give credit where credit is due.

The defense attorney or claims adjuster is not someone you want to mistreat or insult. If your adversary does a good job, say so. Congratulate your opponent.

Public attacks on our judiciary or our defense colleagues are a form of self-inflicted mutilation. It makes all trial lawyers appear to have little honor. Be gracious in victory, as well as in defeat.

6. Make both their jobs easier.

Give your adversary and the judge every professional courtesy possible. Meet deadlines promptly. Provide your adversary and the court with advance notice of issues that need to be addressed, particularly those that need to be researched. If you use unpublished opinions or articles as authorities, always provide copies to your adversary and the court.

7. Don't lose sight of your objective.

Your role is to help your client make a fair recovery. Your role is not to extract vengeance or inflict punishment or harm upon your opponent. If a reasonable settlement can be negotiated and is in line with the settlement value of the case, your obligation should be to urge your client to settle rather than litigate for the sake of litigating.

Most clients are not particularly interested in "making good law." Most clients want only what is fair and reasonable, that is, "a good settlement."

8. Corragio!

If you make a mistake or experience defeat--whether it be an ultimate summary judgment or a minor setback in the case---do not lose your confidence. If you believe you are legally and factually correct, pursue all avenues of appeal to remedy the adverse ruling.

If evidentiary rulings seem to be constantly going against you, if you are worried about the success of your client's case, or if there are problems you feel need better solutions than those you have prepared, do not be afraid or ashamed to ask a more experienced trial lawyer to help you.

Thomas J. Vesper West Atlantic City, New Jersey

Using color in demonstrative evidence 

Color grabs the eye and holds an audience's attention. Color elicits emotional and physiological responses. Red, for example, stimulates our mental and physiological functions; blue sedates. Color even affects our perception of size, weight, time, temperature, and sound.

Color response is subjective and can, therefore, work for or against a trial lawyer You gain an advantage with jurors if you identify and work with color effectively.

Use color to enhance the visibility and legibility of demonstrative exhibits. The brightness contrast between letters and background is a critical factor in legibility. Black on white offers the best contrast. Black on yellow, which also provides high legibility, is the most visible color combination because yellow, the lightest and brightest color in the spectrum, is the color that is most immediately perceived, even in low light. That makes yellow an ideal highlighting color.

Use colors that color-blind viewers can identify. Since about one in five people is color-blind, screen potential jurors for this condition and use colors they can easily identify. For instance, red-green color blindness affects about 8 percent of males, so take care not to use these colors to show critical distinctions. Also take into account that after about age 50 people begin to lose their ability to discern blue.

Limit strong color to highlighting key information. Too much color can distract, irritate, and even fatigue an audience. Use strong color only to draw attention to the most important elements of an exhibit. Also consider that a black-and-white photograph can sometimes hit home more powerfully than a color one.

Reinforce connections with color symbolism. Like words, color can carry information and represent experiences and emotions. People's color preferences and reactions to color symbolism are influenced by their personal experiences while growing up as well as their economic status, gender, age, and ethnicity.

Many of these influences operate at the subconscious level. For example, men tend to prefer "hot" (yellow-based) reds, while women tend to favor "cool" (blue-based) reds. Upper- and upper-middle-class people gravitate toward subdued tones (such as dark blue, forest green, and shades of gray). People in lower economic groups prefer strong, bright colors, and people in the middle class generally accept the broadest color range. Color symbols and preferences are also subject to trends, affected by political, economic, artistic, and international influences.

Rodney Jew Palo Alto, California