9.13 Closing Argument

• Library: Medical Malpractice Law in Virginia (Virginia CLE) (2017 Ed.)

9.13 CLOSING ARGUMENT

9.1301 Planning. Planning the closing argument starts when counsel is retained. Throughout investigation, discovery, and the trial itself, counsel should be constantly thinking of key facts, analogies, and points to aid in "closing" the case with the jury. A useful tool is to maintain a file containing all closing argument ideas. During trial, a pad or notebook section should be reserved for jotting down closing argument ideas. These ideas should be discussed with co-counsel, staff, family, friends, and perhaps a focus group.

9.1302 Use of Instructions. In most cases, counsel for the plaintiff will want to use the instructions during argument to explain the application of the legal principles to the specific facts. Since counsel should assume that at least one juror will...