The Oklahoma Bar Journal November 2025

STEP 7: HAVE AN ‘EXIT STRATEGY’ WITH THE FINAL WORDS OF THE CLOSING ARGUMENT Attorneys may find themselves at the end of their closing argu ments yet not know how to con clude it with impact and sit down. This is the last chance to give the jurors those words to remember by keeping it sincere and from the heart. One powerful verbal tool that is often used by preachers and comedians alike is the “call back” method. It is highly effective by bringing closure to the case by referencing a phrase ( e.g. , “theme”) invoked from the initial opening statement or a powerful state ment made by a witness. Another powerful point of persuasion is when counsel can use opposing counsel’s words to drive their own case to the verdict sought. Finally, counsel should ensure they have the “exit strategy,” those “go-to” phrases counsel can always return to at the end the closing argument ( e.g. , “Justice demands that you return a verdict that speaks the truth,” or “The fair verdict, the just verdict and the right verdict is a verdict of ...”). STEP 8: REHEARSE IT OVER AND OVER “How do you get to Carnegie Hall? Practice, practice, practice.” 61 An advocate must not only pre pare what to say during the clos ing argument but also its delivery. A powerful closing calls for diligent practice. It must be done by speaking out loud. Whether in the shower, to a mirror, in a car while driving or to a spouse, col league or pet, the argument must be verbalized. Do not memorize it, as it will lack sincerity. Each time

of each juror evokes counsel’s own belief and passion in the case. It is even more powerful to be met with a pause of silence after a passion ate argument, emphasized with a softly said “thank you” before returning to the counsel table. STEP 6: THE FIRST WORDS OF THE CLOSING ARGUMENT MUST BE IMPACTFUL “It was a dark and stormy night ...” – Snoopy, World- Famous Author The first few minutes of a clos ing argument will be when a juror is most attentive. Counsel should not waste time thanking the jury or apologizing for the time spent in trial. A strong and powerful closing is one that commands the attention of the entire courtroom. Those early statements can be quoting a witness, reinforcing the strategic theme that arose throughout the case, or it may be as simple as telling the story of the case in a creative and descriptive manner, with the powerful facts of the case that will drive a verdict.

“Oh, what a tangled web we weave when first we practice to deceive,” or John Adams’ “Facts are stubborn things”); historical literature; well known music lyrics (“You don’t need a weatherman to tell you which way the wind is blowing”); or even movies. Another example includes emphasizing a witness caught in a lie without calling that witness a “liar.” Finally, counsel should not be afraid to use the power of silence (aka “the pregnant pause”). Naturally, most feel that any silence must be met with some verbal “filler.” It may be random and meaningless words, the unintended “ok” or the nonwords of “um” or “uh.” Silence builds tension in a courtroom, and it can also recapture and keep a juror’s attention. The use of silence emphasizes a powerful moment, with a point being made or to let a significant statement hang in the air. This pregnant pause allows jurors to embrace and privately contemplate the moment. Finally, using deliberate pauses and silence in the final words of a closing argument while meeting the eyes

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL