Building Block Approach to Closing Arguments
Over the next year, I want to take a stack of closing argument transcripts and break them down to their basic components. There are certain items that have to be argued in every closing argument. An example of some are:
- Burden of Proof – Only a preponderance of the evidence
- Empowering the jury – It’s their decision and not anyone else’s
- Personal Responsibility – That the defendant needs to take responsibility for his own actions
- Only Chance for Compensation – That the client only gets one trial and can’t come back for more money if there’s not enough.
- Intangible damages – Descriptions on how to make intangible damages real.
- Lost Wages – While it seems like a lot, it has to last a lifetime
- Life care plan – While it seems like a lot, it has to last a lifetime
In addition to those, there are a number of arguments that are frequently made on common themes. For example, corporate greed, a moment of neglect a lifetime of grief, cases involving a child, comparative negligence and others.
My thoughts are to break these arguments into their basic components and then put them in a notebook. This would leave me with three or four arguments for personal responsibility. Two to three arguments for the burden of proof and so forth.
When putting together a closing argument I could mix and match a number of these building blocks, selecting the argument that best fit the case. Once the notebook is put together, I could put together a good solid base closing argument in about 15–20 minutes. I figure I would still spend the same amount of time on the closing argument of a case, but instead of putting the bulk of my time in putting the argument together, I could spend the time on polishing, upgrading and making the closing argument shine for that case.
At the end of the case, I would see whether the specific building blocks I had started with were improved and I could upgrade the block in my notebook, or whether I had put built a new block to be stored for later use. The notebook would be refined and upgraded one closing argument at a time.
The other benefit of using a building block approach to closing arguments is that each discrete ‘block’ could be examined, polished and practiced in a minimum amount of time. For example, I could work and practice on a ‘block’ for the preponderance of the evidence in 30–45 minutes as opposed to spending several days crafting an entire closing argument.
What a great idea!!! I thought about doing something similar, only limited to "pain and suffering" arguments. The most recent trend here in central illinois for small/medium sized cases is for the jury come back in favor of plaintiff, but to award 0 pain and suffering. (tort reform). In any event, I wanted to compile analogies, antecdotes, and other previously used techniques to explain pain and suffering and why it is so important that it be awarded. If you have any ideas I would love to hear them.
Excelent effort. I would love to see more.
