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This Was a HORRIBLE Example of What Lawyers SHOULD NOT Do During Closing Arguments

Gerry Oginski's New York Legal Blog

He appeared to be in his 80's and had difficulty controlling the doctor on the witness stand. He couldn't control the witness and it showed. He took charge of the entire courtroom when he stood up and introduced himself to the anesthesiologist on the witness stand. The problem was that he was well past his prime.

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WARNING: YOUR OPENING STATEMENT OR CLOSING ARGUMENT MAY BE USED AGAINST YOU

Temple University Beasley School of Law - Advocacy

They may dispense with proof of facts for which witnesses would otherwise be called.” The same has been applied to closing arguments. Our review of Bentson’s closing statement convinces us that the language quoted above was a straightforward judicial admission, not merely a concession for the sake of argument.

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THE CHARACTER WITNESS CONUNDRUM

Temple University Beasley School of Law - Advocacy

The witness is asked “are you aware” or “have you heard” that defendant X was convicted in 2018 of [name of crime]. The theory is simple if not simplistic: if the witness says “yes, I’ve heard of that conviction” then the prosecutor, in closing argument, may question that witness’ standards. ” Michelson v.

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2024 Litigation Resolutions for All Litigators

Sound Jury Blog

In the spirit of correcting past problems and forging new habits, here’s a list of litigation resolutions – from case intake to closing argument – to put your trial strategy either back on track or to keep it on track. Instead, resolve to put your witness through a mock deposition practice session.

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Why Would an Attorney BUY the Trial Transcript During Your Trial?

Gerry Oginski's New York Legal Blog

There's a chair next to the judge, for the witness to testify. Then you notice there's a chair and some device on a tripod right in front of the witness' chair. Importantly, she will record every word the witness says. Having the actual transcript is extremely useful during cross examination of a witness.

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If Your Attorney Makes This Argument During Closing Remarks at Your Trial, He Just Guaranteed the Other Side Will Immediately Appeal

Gerry Oginski's New York Legal Blog

All the witnesses have testified. It's time for the attorneys to make closing arguments. Whether he chooses to settle or not is not an appropriate argument to make during closing arguments at your trial. This up and down emotional high and low is known to occur in every single trial.

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POLARIZE THE CASE

Temple University Beasley School of Law - Advocacy

When showing a witness’ bias, you need not call them out as a liar; instead, simply argue in closing “and the witness, who testified for the defendant – it’s their mother.” In one iteration of his “Ten Commandments” lecture on cross-examination, the famed advocacy teacher Irving Younger posited that ‘less is more.’