Law360 Features Mark Neubauer's Tips for Closing Arguments

Law360 featured Mark Neubauer's tips in an article titled, "How To Slam-Dunk Closing Arguments." Read the following excerpt for his advice:

It is absolutely essential to retain credibility with the jury during closing arguments, according to Mark Neubauer, a partner at Steptoe & Johnson LLP.

“In any trial, events change no matter how much preparation you give,” Neubauer said. “Witnesses clutch on the stand; surprises happen. The key in closing is to retain the trier of fact's confidence.”

To that end, a lawyer should not ignore the bad facts of her case, Neubauer said.

“Don't deny them,” he said. “But put them in context. Be candid with the jury. Every case has problems if it makes it to trial. If it didn't, it would have either settled or been resolved by summary judgment.”

The jury will be looking for someone they can believe in and rely upon, “someone who they see as being honest,” Neubauer said. “Make sure you are that person.”

Lawyers who dismiss the obvious by ignoring the blemishes in their client's position are doomed to experience bad verdicts, according to Neubauer.

“Make your client's position seem understandable, even if the client made an error,” he said. “The jury will temper their verdict, even an adverse one, with mercy for the honest party — and their lawyer.”

Please click here to read the full article (subscription required).