Jury Argument - Winning Techniques

Abstract

This article is about Jury Argument or Summation at trial and demonstrates how to move the jury to act in favor of your client. Anologies are the key to successful jury argument. By using analogies, you permit the jury to be persuaded on familiar territory to support the theory of your case. Also, they provide a change of pace and create a little suspense as the point of your story becomes clear. An impact phrase such as "He is a prisoner in his own body" is an attention grabber that goes right to the very souls of the jurors. Analogies for pain and suffering are set out so the jurors can place a dollar value on this important element of damages. Also impact phrases are suggested for the jurors to see the righteousness of your client's cause. For example, "A jury speaks through its verdict. Speak to Mary and restore her to her family" and "This insurance company sold John Smith an umbrella when the sun was shining and tried to take it back when it stated to rain." Final Argument should track the opening statement and this article is the companion article to Persuasion in Opening Statement in the January 2011 issue of the Michigan Bar Journal and also included in my SSRN archive author page.

Keywords: Final Argument at Trial, Summation, Trial Practice, Litigation