Great Closing Argument to show that Client Only Gets One Trial
We know to tell the jury that our client only has one trial and that they can’t come back and ask for more. That this is their one day in court. The horrible cliche, ‘one bite at the apple’. As if that ever convinced a juror. But how do you convince the jury of the importance of their award? This is the argument that Peter Law gave at the Southern Trial Lawyer’s Fall Retreat.
The phone call.
Why is your decision so important? Why is it so significant?
I want you to imagine that 15 years from now, that I get a phone call from my client. He calls me and says “The verdict is not enough. I’m having medical problems and there’s no money for it. I need some more money. Get that jury back together, they didn’t consider this and tell them they didn’t give me enough. It isn’t fair. I want my leg.” And I’ll have to tell him “We can’t get them together. Their decision is final. That’s it. It’s binding. What you have is what you got.”
So he hangs up the phone and calls the judge in the case. The judge will have tell him "I’m sorry. I told them to be fair and that their verdict is final. That their decision would have to last your whole life.”
So he calls the defense attorney. And the defense attorney tells him “I’ll tell you just like I did in court. It’s too bad you got hurt, but it’s your fault.” Then the defense attorney hangs up on him.
Your verdict is final and has to stand the test of time.
What a great way to highlight the finality of their decision. Obviously, this is a stripped down version, you should add your own details to make it more dramatic and fit your style.
What I like to say is that this is the only day that my client has in Court and that she can't come back to this court or anyother court in the future this is it for her. She is entitled to full justice. If you only give her 80% of what she is entitled to, then she is getting 20% injustice.
Just my two cents,
Keep up the good work and happy holidays to all.
Michael V. Kaplen, Esq.
De Caro & Kaplen, LLP
20 Vesey Street
New York, NY 10007
212 732 2262
President, Brain Injury Association, NYS
Chair, Motor Vehicle Collision, Highway & Premises Liability Section
Association of Trial Lawyers of America
Co Chair, Tort Section, New York County Lawyers Association
Member, New York State Traumatic Brain Injury Services Coordinating Council
www.brainlaw.com
www.braininjury.blogs.com
