Overview
You've spent days, or weeks, in trial, and now it's time for closing argument. The closing argument is not just the end of trial; it's the culmination of everything that has come before. Unlike the opening statement, which previews evidence, the closing argument synthesizes it. It's the only moment of pure advocacy, the only opportunity to tell your whole story of the case uninterrupted, and your final chance to persuade, to clarify, and to guide the jury toward the result you want. A strong closing doesn't rehash everything that happened during trial. It distills complexity into clarity, aligns facts with law, and speaks directly to jurors' instincts, values, and sense of fairness. It's your moment to marshal credibility, logic, and emotion in a way that feels inevitable.
Each case will require a bespoke approach to the closing argument. There are, however, guiding principles and strategies that will apply in most cases. Below, we break down the components of an effective closing, including the overarching element of juror psychology and perception of the advocate and the three interrelated features of building on the opening statement's theme and theory, engaging with and arguing the evidence, and ending with a confident, strategic call to action.
Strategic Persuasion: Juror Psychology and Perception
A strong closing isn't only a logical synthesis of the record and law. It's a calibrated performance of credibility and soft persuasion.
There are several broad techniques that can facilitate your overall resonance with jurors. First, storytelling. A well-crafted cause-and-effect arc can draw and hold jurors' attention while giving them a structure to carry into deliberations. Second, make use of moral intuition. Though tasked with parsing controverted facts and complex issues, jurors inevitably look for a narrative and outcome that feels "fair" to them in light of their life experience and common sense. Third, do not overload. Straightforward, cabined points presented with consistency frequently land better than ornate arguments, and jurors often remember the story spine, not every single fact.
Another aspect that must be considered is the jurors' perception of the advocate. By the time you rise for closing, jurors have already formed a working model of you—competent or not, trustworthy or not, aligned with "fairness" or not—and they use that model to interpret everything you say. Your approach to the closing argument must account for the tenor of the trial and any dynamics that have developed during it. You should not, for example, use a tone which you have not earned the right to during trial. Further, do not attack opposing counsel, and err against objecting during the other side's closing.
Additional discrete steps you can take with an eye toward juror psychology: (i) use primacy and recency techniques by making salient points first, often, and last; (ii) vary your pace, and make strategic use of pauses; and (iii) don't lose the room by reading to the jury, presenting a rigid chronology, or belaboring points.
Theme and Theory: Give the Jury a Story That Makes Sense—and Feels Right
Strong closings simplify. They distill a complex case into a clear, compelling framework that is both straightforward and credible. Your job in closing is to weave that framework for jurors.
First, reiterate and build on the theme from your opening. Here are some tried and true examples:
- Plaintiff Themes: "Broken Promises," "Profits Over People," "Dangerous Decisions, Deadly Consequences," "Assumptions, Haste, Hurt"
- Defense Themes: "Follow the Facts, Not Feelings," "Do Not Rush to Judgment," "Unanswered Questions Remain," "Duty and Responsibility"
Support your theme by embedding the key facts into the central case theory or narrative, making the theme feel cemented and inevitable. For example, in a breach of contract case, grouping exhibits and testimony under headings like "Promises Made, Promises Broken" or "Consequences" can help jurors connect dots without drowning in detail. Similarly, make use of "hot" items—admissions from the opposition, impactful testimony, and your strongest documents. Also call back to the opening and tie key witnesses and exhibits from the trial to your positions at the beginning. Again, remember that clarity persuades and that the goal is to weave a compelling story that aligns the facts with the average juror's common sense, life experience, and sense of fairness.
Lastly, make sure the story you plant maps cleanly onto the legal framework the jurors will be asked to apply in the jury instructions. A logical and believable story must also lead to the desired result by showing the jury how to apply the law to the facts. The key to this is making sure the jury understands the standard of proof and how your narrative aligns with the elements in the jury instructions. Those instructions are a vital demonstrative here—showing the jury the legal standards followed by the questions they will be asked to answer is paramount to orienting them to their task and achieving your desired outcome.
Arguing the Evidence: Build on the Theme and Theory
Along with reprising your theme, the closing argument shows the jurors how the admitted evidence proves it. Thus, once you've restated your overarching theme and case theory, the next phase of closing is where you dig into the evidence. This is where you enhance your credibility and reinforce your narrative with cold, hard details from the trial that tie the case together. This is also where you argue.
Start with topical organization. Structure your discussion around key facts, legal issues, the elements of claims or defenses, the jury instructions, or pivotal turning points. Avoid a rigid chronological walk-through. Chronology has its place, but only within a broader thematic structure. For example, if the theme is "Broken Promises," walk through each promise: who made it, how it was breached, and why responsibility attaches under the instructions. To give another example, if the theme is "Follow the Facts, Not Feelings," demonstrate how documents and testimony—not emotion—compel the outcome. In a fraud case, group the evidence under "Representations," "Reliance," and "Loss."
Next, engage and argue with the evidence. Replay video testimony, highlight critical documents, and use demonstratives and visuals to show how the details and circumstantial elements of the record support your central theory. Weigh the evidence, assess witness credibility and motive, and even examine witness demeanor, noting to the jurors why they should or should not put much stock in different parts of the record. Be cautious, however, not to overreach—while conclusions should be broad, inferences should be narrow. And if you represent the defendant, you must respond to the plaintiff's closing. Think about where the plaintiff overreached on facts, law, emotion, or analogy in its closing, and call the plaintiff out on weak or unwarranted conclusions.
Another helpful approach is to use visuals and demonstratives. These can greatly clarify dense records when they are clean and focused—single-sentence headings, brief quotes from admitted exhibits, and simple charts that mirror the evidence. Each visual should already be in the record or derived directly from it and must further the narrative, not distract from it.
Here are some more battle-tested strategies for arguing the evidence in closing:
- Admissions First. Open the evidentiary synthesis with the opponent's admissions—emails, deposition excerpts, or stipulations—before turning to your client's documents. Admissions can carry special weight.
- Witness Credibility Lens. Revisit key witnesses briefly: what they knew, when they knew it, and how their testimony aligns with contemporaneous documents. Use consistent phrasing to make the credibility analysis easy to follow.
- Anchor Chart. Create a one-page chart listing three to five dispositive facts, each paired with the exhibit number or testimony quote that proves it. Return to the chart at transitions so jurors repeatedly see the same anchors.
- Turning Point Timeline. Identify two or three pivotal moments and lay them out on a simple timeline. Explain how choices or actions at those moments led to the dispute and why the legally responsible party controlled them.
- Analogies Make the Case Accessible. In a supply-chain case, liken obligations to a relay race: each runner must cleanly pass the baton; when one drops it, the loss is predictable and responsibility attaches to the runner who failed the handoff. In a corporate governance case, compare board duties to guardrails on a mountain road—ignoring the guardrails predictably leads to harm.
- Numbers Made Simple. In damages presentations, reduce calculations to two or three arithmetic steps and display them clearly (e.g., units × price – credits). Provide exhibit citations for each input to show transparency.
Finally, don't shy away from bad evidence. You will have it, but jurors will respect candor and clarity. Deny what can or should be denied, but otherwise own it, frame it, and respond to it. Anticipate the other side's strongest points and steal their thunder by addressing them first, whether you are the plaintiff anticipating the defendant's closing or the defendant anticipating the plaintiff's rebuttal. Frame the issue, show the governing instruction, and cite the most probative exhibits so jurors are primed to evaluate the rebuttal with healthy skepticism. Be selective—address all of the evidence, but don't fight where you can't win and risk doing the other side's work for it.
Call to Action: Ask for the Result You've Earned
Finally, the last element of a persuasive closing is the call to action. Don't leave your ask implied. Be direct and specific about the result you want. To wrap up the closing, use the jury charge as a roadmap, and walk jurors through how to answer the verdict form. You should use a blank verdict form and write in the answers you want the jury to give. As you do so, tie each answer to two or three admitted exhibits and/or portions of witness testimony. Make the connections explicit so jurors can confidently apply the law to the facts. Recall your theme and theory with special emphasis on the components that correspond to the findings the jury must make. Again, utilize the technique of primacy and recency: you started strong with your salient points and theme—now finish with the same, giving jurors a clear path to deliver the verdict you've earned. Confidence grounded in the record and law helps jurors feel secure that the verdict aligns with fairness and the instructions.
Conclusion
Effective closings are clear, candid, and tightly aligned with the instructions. They simplify complex commercial records, highlight decisive facts, and invite jurors to reach a verdict that feels legally required and practically fair. When narrative, evidence, and law point in the same direction, the closing becomes the natural final step to the result the record supports.
