In Episode 27 of May the Record Reflect, former federal prosecutor Luke Cass slides into the hot seat to answer questions about closing arguments. He shares what he learned in working civil and criminal cases for the DOJ in Puerto Rico and D.C., with a particular emphasis on reversals on closing: what they are, why they happen, and what happens next.
Topics
3:39 Closing argument is the time for …
4:04 Advantages and challenges for counsel in closing argument
6:44 When to develop your closing
7:18 Visual aids
8:19 Jury instructions
10:34 Differences in closings for plaintiffs versus defendants
11:50 Rebuttal
13:21 Experience with reversals on closing
14:28 How reversals happen
15:10 Consequences of reversal
16:36 Types of misconduct
20:32 Why misconduct during closing happens
21:50 Predicting reversals
23:39 What reversals feel like for counsel and clients
25:48 Signature sign-off questions
Quote
“To make a closing great, you need to invest a lot of time mastering the facts, the law, your delivery, and the nonverbal communication you want to make with the jury. That nonverbal communication is often as significant as the content of the argument itself.” Luke Cass
Resources
Luke Cass (bio)
“Closed Courtrooms: Sixth Amendment and Public Trial Right Implications” (article)
The Journal of Appellate Practice and Process (free subscription)