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Overview AI Webinar Summary

Persuasive Closing Arguments: Guiding the Verdict

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.

Topics covered include:

Trial Skills Law Practice

Agenda:

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

Duration of this webinar: 75 minutes

Originally broadcast: March 31, 2026 10:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

Steven Epstein, the speaker, emphasizes the importance of closing arguments in persuading the jury and discusses the concept of primacy and recency in argument structure. He advises preparing trials backwards, starting with the closing argument, to ensure a well-structured and persuasive case presentation. Steven believes that having a prepared closing argument acts as a blueprint for the trial, allowing for adjustments based on trial developments. He argues that the case should grow from the closing argument, not the other way around, likening it to setting a destination in a navigation system.

07:46 Jury Instructions and Emotional Appeals

Steven discusses the restrictions placed on jurors during trials and the importance of jury instructions. He explains the appeal to authority in jury instructions as a logical fallacy, suggesting that lawyers cannot fully rely on it. Steven emphasizes the need for jurors to feel the importance of their role and the justice system in criminal cases. He discusses the importance of creating an emotional connection between jurors and what they should do to persuade them effectively.

15:05 Creating a Theory of the Case

Steven explains the importance of storytelling in creating a persuasive theory of the case, using the power of threes for effective communication. He emphasizes that the jury should be the hero of the story, since this encourages them to fulfill their role in the justice system. Steven provides an example of how to build a theory of the case using a DWI case, focusing on the importance of proper procedures and the role of the jury. He advises addressing bad evidence directly and embedding it in the defense's theory of the case.

41:11 Effective Storytelling and Presentation Techniques

Steven emphasizes the need for a well-structured closing argument that connects all parts of the trial, using bridges to link different trial phases. He advises against reading from scripts during closing arguments, advocating for a natural and emotionally expressive delivery. He highlights the importance of physical expressivity and using the courtroom space effectively to engage the jury. Steven stresses the significance of clarity, keywording, and the power of primacy in delivering a persuasive closing argument.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speaker

Steven Epstein Founding Partner
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 ›

Continuing Legal Education (CLE) Credits

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Alaska CLE

Status: Approved

Credits: 1.25 General

Earn Credit Until: March 30, 2031

California CLE

Status: Approved

Credits: 1.25 General

Earn Credit Until: June 30, 2026

Hawaii CLE

Status: Approved

Credits: 1.25 General

Earn Credit Until: March 30, 2028

Illinois CLE

Status: Approved

Credits: 1.25 General

Earn Credit Until: April 1, 2028

New Jersey CLE

Status: Approved

Credits: 1.50 General

Earn Credit Until: March 30, 2027

North Carolina CLE

Status: Approved

Credits: 1.25 General

Earn Credit Until: February 28, 2027

Ohio CLE

Status: Approved

Credits: 1.25 General

Earn Credit Until: December 31, 2026

Pennsylvania CLE

Status: Approved

Credits: 1.00 Substantive Law, Practice, and Procedure

Earn Credit Until: March 30, 2028

Texas CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: February 28, 2027

Vermont CLE

Status: Approved

Credits: 1.25 General

Earn Credit Until: March 31, 2031

West Virginia CLE

Status: Approved

Credits: 1.50 General

Earn Credit Until: December 31, 2029

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 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, one and a quarter hours of General CLE credit in Vermont, and one and a half hours of General CLE credit in West Virginia. 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. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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