My June, July and August columns offered, respectively, some practical tips on trial preparation, presentation of the defense case and opening statements. For simplicity, the columns assumed the perspective of defending a major products liability case. Using the same theme, this article discusses practical considerations regarding defense counsel’s summation.
The summation or closing argument presents defense counsel with the final opportunity to convince the jury either that plaintiff should not recover and that a defense verdict should be returned or that any damages that may be awarded be kept to a minimum. The trial lawyer seeks to communicate with the jury, through persuasive argument, on his own terms, in his own words and by the force of his own personality and ideas. Until this moment, the jurors have observed counsel executing his trial skills in terms of what other people have said and what other materials have shown.
