ARKANSAS LEGAL AID
October 17, 2013
By Michael Johnson and Paula Casey
 PRIMACY/RECENCY
 CASE
THEORY
 KNOW YOUR CLOSING ARGUMENT
• ELLICIT FACTS NEEDED
 LEAD
 MAKE
A STATEMENT
• SEEK CONFIRMATION OR DENIAL
 ONE
FACT, ONE QUESTION
 NO CHARACTERIZATION
 DON’T ARGUE
 ELIMINATE CONCLUSIONS
LISTEN AND USE WITNESS’ WORDS
HEADLINE
CROSS
DOES NOT MEAN
“ANGRY”
• TONE MUST BE APPROPRIATE TO
CIRCUMSTANCE
• WHAT “PERMISSION” HAS THE AUDIENCE
GIVEN?
 FIRM, NOT
CRUEL
 ELLICIT
FAVORABLE INFORMATION
 SHOW LIMIT OF WITNESS’ KNOWLEDGE
 USE THE THEME OF YOUR CASE
 DISCREDIT
• INFORMATION USED BY OPPONENT
• WITNESS BY IMPEACHMENT
 DO’S
 Start
and end strong
 Appropriate tone
 One fact questions to
conclusion
 Headnote topics
 Anchor to a
document
 DON’TS
 Let
witness explain
 Restate direct
 Argue
 Explore
 “Rabbit on”
 Use value questions
 DON’T
RUN FROM A GOOD FIGHT
 LOOK THE WITNESS IN THE EYE
—IT IS CONFRONTATION!
PUNISH THE WITNESS WITH OWN WORDS
 Repeat
the question
 “My question was…”
 “Is that a yes?”
 “I must have said that
wrong”
 “Finished?”
 Use witness’s words
to punish him/her
 Use
the hand
 Use full name
 Turn away
 Ignore answer
 Object: nonresponsive; move to
strike
 Write the question on
the board
 BE
RUDE
 INTERRUPT
 ARGUE