Section 25.31 Preparation

• Library: Criminal Practice 2012 Supp

D. (§25.31) Preparation

The first stage in the preparation of closing argument is for the attorney to acquire a thorough understanding of the facts of the case and how they apply to the law. This begins from the moment the attorney gets the file. The attorney should keep an idea/theory notebook in which to jot down ideas as they come out during the course of the investigation. It is also extremely necessary to obtain copies of the jury instructions well in advance of the trial. A thorough understanding of the facts of the case and the instructions that the jury will be given allows the attorney to have a thorough understanding of the case.

The attorney should have a theory of defense or “theme” before starting trial. Many attorneys prepare closing arguments before preparing any other stage of the trial. No matter how counsel prepares for trial, the attorney should have some form of closing argument prepared before picking the jury. That closing argument can then be refined as the trial goes on to fit the facts as they actually came in through the witness stand.

...