Sound and Logical Planning and Preparation?

ATTENTION STEP - BEGINNING

·  GAIN ATTENTION WITH AN ARRESTING FACT OR LIVELY THEME-BASED HOOK ( GRABBER) RATHER THAN RITUALIZED OPENING REGARDING ROLE AND DUTY OF COUNSEL AND JURORS, INGRATIATING THANK-YOU'S, EXPLANATION OF PROCEDURE, BURDEN, PRESUMPTIONS, ETC.

ORGANIZATION

·  SOUND AND LOGICAL PLANNING AND PREPARATION?

·  SUMMARIZE CONCISELY WHAT HAPPENED?

·  FOLLOW EASILY USING COMMON SENSE?

·  FOCUS ARGUMENT ON ISSUES THAT ARE TRULY IN DISPUTE?

·  SMOOTH TRANSITIONS FROM TOPIC TO TOPIC?

·  CLEAR, INTERESTING, BELIEVEABLE?

·  INCREASE INTEREST AND IMPACT?

·  CREATE CONVINCING AND PERSUASIVE REASONS FOR CONVICTION/ACQUITTAL?

LAW

·  EXPLAIN CLEARLY THE ELEMENTS OF THE CRIME OR DEFENSE?

·  UTILIZE THE APPLIABLE LAW EFFECTIVELY BY INTEGRATING IT WITH FACTS?

·  AVOID MAKING OBJECTIONABLE STATEMENTS, E.G., ARGUING OUTSIDE THE RECORD, GIVING PERSONAL OPINION, ETC.?

·  INTERRUPT OPPOSING COUNSEL APPROPRIATELY AND WITHOUT RUDENESS TO MAKE OBJECTIONS?

FACTS

·  MAKE EFFECTIVE USE OF EVIDENCE?

·  ARGUE SPECIFIC, ACCURATEFACTS AND LOGICAL INFERENCES RATHER THAN SUPPOSITION AND UNSUPPORTED CONCLUSION?

·  EXPLAIN LOGIC OF POSITION?

·  DEAL EFFECTIVELY WITH WEAKNESSES IN OWN CASE?

THEORY OF THE CASE

·  COMMUNICATE A COHESIVE THEORY OF THE CASE PULLING TOGETHER

·  ALL THE POSITIVE ARGUMENTS AND PRESENTING STRONGEST POINTS IN MOST FAVORABLE LIGHT?

·  USE ANALOGIES, METAPHORS, SIMILES, STORIES, QUOTES, RHETORICAL QUESTIONS, HYPERBOLE, UNDERSTATEMENT, ANTITHESIS, ANAPHORA, ETC., WITHOUT "BACKFIRE" POTENTIAL?

REBUTTAL / ANTICIPATORY REPLY

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·  POINT OUT HOLES IN THE OPPOSITION'S CASE?

·  PROSECUTION - DIFFERENTIATION BETWEEN OPENING ARGUMENT AND CLOSING (REBUTTAL) ARGUMENTS WELL PLANNED AND EXECUTED - SAVING THE BEST FOR LAST WHEN OPPOSITION (DEFENSE) HAS NO OPPORTUNITY FOR REBUTTAL?

·  MAKE EFFECTIVE ANTICIPATORY REPLY TO COUNTER ANTICIPATED ARGUMENTS OF OPPONENT WHEN NO OPPORTUNITY FOR ORAL REBUTTAL AVAILABLE?

VISUALS

·  MAKE APPROPRIATE USE OF EXHIBITS?

·  MAKE CREATIVE USE OF COURTROOM TECHNOLOGY, E.G., POWERPOINT, TO ILLUSTRATE THE CASE IN "TELL AND SHOW" FASHION?

CLOSING - ENDING

·  EXHORT - MOVING CALL TO ACTION?

·  END WITH DRAMATIC NOTE OF FINALITY?

·  END ON HIGH NOTE?

LOGISTICS

·  LENGTH OF ARGUMENT? TOO BRIEF ABOUT RIGHT JUST RIGHT TOO LENGTHY

·  BODY LANGUAGE?

·  POSTURE AND STANCE?

·  EYE CONTACT?

·  POWERFUL, UNDERSTANDABLE, GRAMMATICAL LANGUAGE WITHOUT CLICHES OR LEGAL JARGON?

·  VOICE - DISTINCT, RATE, PITCH, VOLUME, PRONUNCIATION?

·  RAPPORT WITH JURORS?

·  CONVINCING & PERSUASIVE

·  COMMITMENT TO MESSAGE?

·  ENTHUSIASM

·  WOULD YOU, AS A JUROR, ACCEPT THE LAWYER'S POINT OF VIEW AND BELIEVE THE LAWYER'S ARGUMENT?

·  WOULD YOU, AS A JUROR, BE WILLING TO TAKE THE ACTION THE LAWYER SEEKS, I.E., DELIVER THE DESIRED VERDICT?