This presentation will discuss a methodology of trial preparation that begins at the end, the closing argument. It will discuss creating a persuasive argument built on theories and themes grounded upon the three essential elements of facts, law, and emotion. We will discuss not only building the arguments themselves but also bridges that transport jurors from the stages of the trial such as cross examination to the closing arguments to create persuasive arguments that resonate.
- The Methodology of Preparing for Trial Starting at the End
- How the other parts of the trial may grow from the closing argument
- Three-step process: know the law, learn the facts (and digest them), create the theory of the case
- Three Components of Theory of Case
- Facts (what happened)
- Emotion (why it happened)
- Law (how the jury becomes the “hero”)
- Building a Sample Theory of Case
- Hypothetical DUI case: walk through reviewing the law, commanding the facts, creating the theory of the case
- Building Bridges to Closing Arguments: What To Do and What Not To Do
- Things to do include using the evidence, using visual aids, addressing weaknesses in your case, addressing the standard of proof, and arguing with confidence
- Things to avoid include arguing personal beliefs, making ad hominem attacks, arguing without structure, misstating the law or evidence, or ignoring the opponent
Barket Epstein Kearon Aldea & LoTurco LLP
Steven Epstein is a founding partner at Barket Epstein Kearon Aldea & LoTurco LLP and manages the firm's DWI and Vehicular Crimes group. Mr. Epstein has more than 33 years of experience in the field of criminal defense, has tried over 100 criminal cases to verdict and is admitted to the New York State Bar, First Department, 1992; Connecticut Bar, 1992; United States Supreme Court, 1993 and United States District Court S.D.N.Y., N.D.N.Y. and E.D.N.Y, 1993. Read More ›
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Status: Approved
Credits: 1.25 General
Status: Approved
Credits: 1.25 General
Status: Approved
Credits: 1.25 General
Status: Approved
Credits: 1.25 General
Status: Approved
Credits: 1.00 General
Status: Approved
Credits: 1.50 General
Status: Approved
Credits: 1.25 General
Status: Approved
Credits: 1.25 General
Status: Approved
Credits: 1.00 Substantive Law, Practice, and Procedure
Status: Pending
Credits: TBD
Status: Approved
Credits: 1.25 General
This presentation is approved for one and a quarter hours of General CLE credit in Alaska, one and a quarter hours of General CLE credit in California, one and a quarter hours of General CLE credit in Hawaii, one and a quarter hours of General CLE credit in Illinois, one hour of General CLE credit in Nevada, one and a quarter hours of General CLE credit in North Carolina, one and a quarter hours of General CLE credit in Ohio, one hour of Substantive Law, Practice, and Procedure CLE credit in Pennsylvania, and one and a quarter hours of General CLE credit in Vermont. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.50 hours of total CLE credit. An application for accreditation of this activity has been submitted to the MCLE Committee of the State Bar of Texas and is pending.
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