NOVEMBER 2025 | 35 THE OKLAHOMA BAR JOURNAL 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. of a trial. The danger of overzealousness can cause the lawyer to “lose the war” later in post-trial or on appeal.16 While the errors are primarily focused on the prosecutor and plaintiffs’ counsel, the basic rules of closing argument are simple but should be noted by all: Do not misstate the facts,17 the evidence18 or the law,19 but it is always proper to make “fair comment”20 on “reasonable inferences.” Do not make personal attacks on opposing counsel (“One more word and I am going to pop you in the mouth!”)21 or on the opposing party (calling the party a “slut puppy”).22 Do not state personal beliefs about the case (avoid the “I believe ...”).23 Do not refer to the jurors by name.24 Do not argue facts that are not in the record, such as commenting on suppressed evidence25 or using statements sustained by objection.26
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