Closing argument is the last opportunity that you will have to communicate directly with the jury.  It is highly unlikely, however, that what you communicate will change any minds.  Let me say that a little more clearly: the jury has already made up its mind.  If the jury could vote prior to closing it would nearly always be identical to a vote taken immediately after closing.  If any mind changing is going to take place, it will be during deliberations.

What follows is an overview or guide for your closing.  The details, however, you must come up with.  And in doing that I recommend strongly that you read, study, and use David Ball’s book, David Ball on Damages.  The tips and techniques that I recommend are based on Ball’s writings and my own experience and the experience of other trial lawyers from which I have learned.

So, during closing argument you have two goals: First, motivate the jurors who want to find in your favor to help you with the other jurors.  And secondly, give those favorable jurors the tools that they will need to convince others.

There are many ways to organize your closing argument.  You can structure your closing around the instructions and verdict form.  You could structure it in the form of a story with two different endings – one where the plaintiff is provided for and there is hope, and one where there is no hope.  And there are other structures for closing that can be very effective as well.  The choice is a personal one and one that should be influenced by the nature of the case.

Regardless of the form or structure that you choose, however, in the first roughly 60 seconds you must convey your theme, why the jury should find in your favor (or in the amount that you seek if liability is not a factor), and your passion and enthusiasm for your case.

David Ball, in David Ball on Damages, advises that in order to arm your favorable jurors you should boil down each of your important arguments to a short, plain-English sentence.  It’s great advice and you should follow it.  Sound bites are easy to remember but long complex answers are not.

So, with all that in mind the following outline and structure is one that I have used and seen used effectively in negligence cases.  If you are dealing with a commercial matter or product liability case, then it should be revised.

1.    Introduction: Why are we suing?
What did the defendant do wrong, what could he have done differently, and provide one-liners for each point.  This is brief.
2.    Issues: Undermine and refute the defense on the major issues.  Again brief statements – why are you right and the defense is wrong on each contested issue.
3.    Jury instructions: Explain each instruction that is important for your jurors and for your case.
4.    What happened: Explain in detail the harm.  This is where story-telling techniques can be used effectively and in a way that motivates your favorable jurors.  Review and explain the results of the physical, emotional, and mental harm and its consequences.  Make sure that you answer all causation and degree-of-harm issues.  And go over the treatments, surgeries, and aids that will help or help fix your client.  This can be organized into a two futures story or a possible future story but make sure to include what your client deals with on a day-to-day basis.
5.    Economic damages: Review medical bills, lost income, life-care plans, and lost earning capacity etc.  Remind the jurors of the doctors or experts that they heard from and what those folks had to say.
6.    Verdict form: Review the verdict with the jury and tell them what to award and why they should award it.  This is a matter of reviewing your one-liners on the major points at issue and reminding the jurors again of the harm caused in this case.
7.    Conclusion: tell the jury that this is your client’s only “day in court.”  It’s the only time that she can come before a jury and get the compensation that she needs and deserves (if you have one great point that illustrates the harm succinctly use it here).  Then say thank you and sit down.

Rebuttal

If you are in a jurisdiction where the plaintiff is afforded a rebuttal, or as it was called where I first started trying cases close-close, follow this structure for that portion.

a.    Focus on the defendant’s contentions with your strongest points.
b.    Conclude by reminding the jury of the worst harm in your case.
c.    Say thank you again and sit down.

It is my belief and experience that you cannot win a trial in closing argument.  If for whatever reason the jury, or a substantial part of it, is not with you by closing you simply cannot by force of will or eloquence win them over.  However, you can give favorable jurors motivation and tools with which to advocate, and you can persuade a favorable jury to award more then they would have otherwise.  And to those ends, I hope that you find these tips helpful.  Good luck!