THE OKLAHOMA BAR JOURNAL 38 | NOVEMBER 2025 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. STEP 3: FORMULATE AN ARGUMENT UNDER EACH HEADING As with the telling of a story, each chapter must have a beginning, a middle and an end. In the start, tell the jurors what point is being made (“tell them what you’re going to tell them”). Next, counsel should discuss the undisputed evidence supporting their point (“tell them”). Finally, at the end of each chapter, repeat those points made and their connection to the favorable verdict. In other words, counsel should not only remind the jurors what they have already been told but also explain “why” it was told to them. Counsel must not only lay out the evidence and the reasonable inferences thereof supporting a verdict but must also articulate its significance as it follows the “theory” of the case. In moving from one chapter to the next, counsel should continuously incorporate the case “theme” or “theory” at every opportunity. STEP 4: DECIDE THE ORDER OF THE STORY AND WEED OUT THE CHAFF “If I had more time, I would have written a shorter letter.” – French mathematician and philosopher Blaise Pascal (1657) With the “Gettysburg Address,” President Lincoln went through numerous drafts before finding the 272 words that not only moved a country but also now echo through history.59 And just as with any great speech, the final summation of a case takes significant time, effort and focused creativity. Counsel should select the chapter that is the strongest argument and then place it at the very end of the closing argument. Do not get caught in the minutia that loses the attention of the juror. Next, counsel should select the second strongest argument as a chapter and insert it at the beginning of the closing. The remaining chapters should be placed in a manner, as discussed previously, that builds upon one another so that it reaches a juror both logically (logos) and emotionally (ethos). In building the argument, each chapter should continually be evaluated for clarity, weakness or inconsistency. With a foundation of facts and logic established, it allows for the emotional part of an argument to grow toward a powerful ending rather than end with a meek “thank you” with counsel quickly sitting down. STEP 5: TIGHTEN UP AND POLISH THE PERSUASIVENESS “If it doesn’t fit, you must acquit.” – Johnnie Cochran Jr. An effective closing is an argument, not merely a summation. The art and science of how to effectively use the spoken word in advocacy has been documented historically to Aristotle and Cicero, who first discussed this understanding of ethos, logos and pathos in the artful delivery of a story. For the trial lawyer, it also requires the ability to deliver it with clarity and order. In developing the closing, an advocate should look for common experiences between the speaker and the listener to illustrate points. One basic way to build a memorable chapter is to weave jury instructions into a closing argument. The technique requires the statement of facts (testimony) immediately followed by those same instructions from the court. In addition, there are several other ways to not only capture a juror’s attention but also make counsel’s words unforgettable. One often-taught example is the use of the “Rule of Three.” This technique, the poetic use of words or phrases in threes, was used by Cicero, Abraham Lincoln, Winston Churchill and John F. Kennedy. This creative phrasing captivates an audience (“of the people, by the people and for the people,” “blood, sweat and tears,” “contaminated, compromised and corrupted”).60 It is the repetition of a word or short phrase that gives a memorable statement of the case that jurors may carry with them into their deliberations. For criminal defense counsel, a powerful example of concluding a closing could be: “He is not guilty. Not guilty by the physical evidence, not guilty by the mouths of the witnesses and not guilty by his own brave testimony.” In addition, there are several other verbal tools of rhetoric that counsel should consider using in a closing argument. One example is the use of analogies to help a jury grasp a concept or situation by analogizing to a relatable story that a juror may have from their own experiences. Another powerful example is the clever but careful use of metaphors or alliteration, such as using a series of words that begin with or include the same sound, e.g., “a small-time snitch searching for someone to sacrifice.” Next, every trial lawyer should always be able to tap into wellknown quotations at their disposal, as they provide a powerful way of making the point with long- accepted wisdom. These quotes are often found in historical events (e.g.,
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