written closing argument example

In a trial, an opening statement is a lawyer’s first chance to outline the facts of a case. . The less important points can be dealt with by cross-referencing to other material or submissions (such as a note or skeleton argument handed to the tribunal at the same time). The opening submissions. A simplification of difficult points is always of assistance to a tribunal. Counsel should also bear in mind that, by the end of the evidential hearing, the tribunal will be very familiar with the nuances of the case. Can every employee articulate your strategy and are they empowered to execute on it? Prepare and hand out a written, point-form slide deck, in which all essential points are summarised. Save where parties can agree that a particular post-hearing process will be used, the tribunal tends to be in the driving seat when deciding on closing arguments. 215 0 obj <> endobj When there are too many issues to be addressed or when matters are extremely technical, it may be preferable to replace closing oral argument with post-hearing briefs. First, a cautionary note: too often counsel, particularly those not experienced in international arbitration, provide submissions they think will assist the tribunal that do not necessarily do so. Tell us about this example sentence: Your feedback will be reviewed. Rouyn-noranda Huskies Alumni, Opening argument should provide an overview of the case, identify the points truly at issue as the hearing commences and provide the advocate’s position on those points, without necessarily previewing all the points the advocate hopes to bring out during the hearing. 0000001052 00000 n Our opponent (which chose both to divide its argument among multiple lawyers and to put every word of it on slides) still had 60 of several hundred slides remaining after three hours and 15 minutes, when the tribunal abruptly told them they were out of time and ended the session. Almost every tribunal will have its initial deliberation immediately after the oral hearing (often they will have exchanged preliminary views in the process of identifying questions they wish counsel to deal with). @�L�4����$�����Y����L�Q�9e�%�ɉd�` dϋ9 When Cicero spoke, the comment was: ‘By Jove, that was a beautiful speech.’ But when Caesar spoke, the Romans said: ‘Let us march.’ Put differently: your closing argument must seek to induce the desired action: an award in favour of your client. Country Rock 2020, The drumbeat of concern about time and costs, regardless of who may be at fault and whether the concern is based on perception or reality, is such that no tribunal can ignore it. The advocate should use the closing to frame the case in the manner that will provide a decision-making road map for the tribunal; and to indicate not only why one’s client wins on a certain issue, but the consequences of that decision for other issues. Dominic Byrne Musician, The art of making any oral submissions, including closing submissions, is likewise the art of persuasion. Petitioner, In an electronic version of the deck, include hyperlinks to relevant transcript passages, exhibits, witness statements, expert reports and authorities. The concept of justice and punishing those who have done wrong is inherently exciting for people, and fictional books and television shows play off that excitement all the time. Opossum Symbolism In The Bible, The president of my client company said to me afterwards: ‘Yves, you know more about my company than I do.’ ‘Yes,’ I replied, ‘but Bill, in one week, I will have forgotten it all.’. Often this is carefully phrased with ‘the parties should not make assumptions as to the questions being asked’ or ‘assuming, without finding, that . Finally, time the length of your closing in the knowledge that the tribunal is bound to ask questions and to test you. �=���x��,K'��6V�ous'(�? If a party wishes to use presentation tools for the purposes of persuasion when making closing arguments, a number of points should always be borne in mind. 'pa pdd chac-sb tc-bd bw hbr-20 hbss lpt-25' : 'hdn'"> Perhaps you will quote a witness, or read from an exhibit, or provide an analogy for the way in which your client or the opposing client is approaching the case. 2 May it please the court; members of the jury. When it comes to closing submissions versus post-hearing briefs, it should be ‘one or the other’, depending upon the complexity of the case. Wang Yuwen Drama List, The attorney doing the closing argument is being judged both on the substance of the closing and on their performance (public speaking ability). Closing Argument for the Prosecution by Thomas Foran; Closing Argument for the Defendants by William Kunstler; 1970-71: Trial of Charles Manson. Parties should not get too carried away by the tribunal’s questions, as they are normally carefully circumscribed with disclaimers. They should recognise, as previously stated, that unlike at the time of the opening submissions, by the time of closing submissions, the tribunal will be thoroughly familiar with the case and the evidence. College Of Dupage Aleks Placement Test, Take notes throughout the trial. Exclusively oral submissions are, in current practice, relatively rare in international arbitration, save where the case is fairly short and the issues not too many or too complex. Consequently, it can provide the ultimate reference point to the writing of the award, and its presentation and content is therefore critical. Hand To The Face Gif, The closing submissions will be the last opportunity to analyse the expert evidence and to point to areas of agreement and disagreement, particularly in relation to the experts’ oral testimony. Counsel can derive particular assistance from such questions, particularly if they are focused on what is uppermost in the minds of the tribunal members. It is assumed that the earlier arguments will remain extant. Just as in ordinary conversation one can hold the attention of an interlocutor better by talking about what she wants to talk about than what one may wish to talk about oneself, so in closing one can grab the tribunal’s attention by addressing the issues that the tribunal has expressed interest in. Too Close For Comfort - Youtube, World History: The Modern Era, {{#verifyErrors}}. Twickenham Stadium Christmas 2019, They distil and analyse the evidence at a time when it is fresh in the minds of the tribunal and thus avoid any preliminary views becoming subtly entrenched or, indeed, dissipated, owing to the passage of time, in the minds of the members of the tribunal while waiting for written submissions. Finally, differing legal cultures and practices can ascribe different meanings even to the same word (e.g., demonstratives) and it is critical to make sure that everyone is on the same page linguistically, lest there be time lost in needless rows about distinctions without apparent differences. However, again, caution must be exercised at the closing argument stage so as not to stray into making a new case or advancing a new theory. ARTHUR MARTIN For a number of years G. You want to …. Some may seem to be insignificant, but a tribunal reading long written submissions from two or even three parties needs to be able to distil the key points. A subjective view of one’s own case and what are believed to be the key points without analysis of one’s opponent’s case may not necessarily be what assists or persuades a tribunal. Good counsel will sacrifice set-piece openings and unnecessary cross-examination to maximise the benefit of dealing with the tribunal’s question during closing submissions. They are the ultimate reference point for an arbitral tribunal wanting to write its award. 122 20 This is because there is no better way for counsel to engage with the tribunal on open issues. h�b```c``d`a`0;��π �L@9� ���L��SZ�y/�S����`U3p�����E��M�������c�逭�[O'l��].U�|V� It follows that counsel should be extremely cautious in calling a witness a liar in writing, but not giving him or her an opportunity at the time of their testimony to correct the position, as tribunals may take a dim view (forensically speaking) of such allegations.

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