How to write a Closing Argument

Closing statements are more difficult to prepare than opening statements, because you can never be sure what is going to come out during the trial. Therefore, you cannot “memorize” a closing argument, because things change. A good closing argument is modified during the trial.

One way to prepare a closing argument is to do an outline. You script an introduction, some parts of the argument, and prepare a conclusion. For the parts that need to be filled in later, format an outline that will allow you to insert necessary changes in your argument. Divide your closing into parts which you can have new facts and evidence placed into it as they are reviled. The very best closing arguments are ones that jump on an opposing team’s mistake or omission of a key element.

1. Reestablish your theme and theory. Start with a story again, returning to the theme that was introduced during the opening statement.

2. State again what you promised to show them. Review with the jury what the point of your case was, so as you present your argument, they can see how the elements and facts contributed to your case over all. Remember the jury wants to see if you are still committed to the promises you made them during your opening statement.

3. Organize your argument. Usually, a closing argument is organized around the different elements of your case. (E.g. motive, means, and opportunity for criminal cases and neglect, obligation, and penalty for civil cases.) Structuring the closing around your theme, the evidence, or wittiness statements can work as well. Chose one and stick with it. In the end the jury must be able to see the whole story from beginning to end.

4. Now within that organization argue. Talk about each thing you proved, and explain how you proved it. Revisit the logic of how your evidence proves your theory; explain how your witnesses confirm your theory.

5. Now attack the opposition’s argument. This is the time to challenge the positions, theory, evidence, and wittiness of the other side. Ideally you want to find holes in the opposition’s logic, and then point out those inconsistencies. (It is this section of the closing argument that needs to be modified during the trial.) No quarter should be shown the opposition at this time; you must challenge all the elements of the other side’s case. You can use such introductory phrases as: “The other side would have you believe that, but you can now see.” or “First the other side wanted you to believe, but then their witness said . . .”

6. End big. Your closing is the last time to make an impression on the jury. You should end with a strong message about why this case is important and why they should rule in your favor. Don’t be afraid to make an emotional appeal. Once again, tell the jury directly what you need from them: “You must now bring back a verdict of guilty in the . . .”

Closing Rebuttal. Rebuttals are reserved only for the prosecution in criminal cases. For the prosecution, a closing rebuttal argument should only be employed if the defense has surfaced something new in its closing argument or has misspoken and opened the door to criticism. A rebuttal closing should be avoided if all you are going to do is repeat your original closing.