27. Closing Time, with Luke Cass

In Episode 27 of May the Record Reflect, former federal prosecutor Luke Cass slides into the hot seat to answer questions about closing arguments. He shares what he learned in working civil and criminal cases for the DOJ in Puerto Rico and D.C., with a particular emphasis on reversals on closing: what they are, why they happen, and what happens next. 

Topics3:39 Closing argument is the time for … 4:04 Advantages and challenges for counsel in closing argument6:44 When to develop your closing 7:18 Visual aids8:19 Jury instructions10:34 Differences in closings for plaintiffs versus defendants 11:50 Rebuttal13:21 Experience with reversals on closing14:28 How reversals happen15:10 Consequences of reversal16:36 Types of misconduct20:32 Why misconduct during closing happens21:50 Predicting reversals23:39 What reversals feel like for counsel and clients25:48 Signature sign-off questions

Quote“To make a closing great, you need to invest a lot of time mastering the facts, the law, your delivery, and the nonverbal communication you want to make with the jury. That nonverbal communication is often as significant as the content of the argument itself.” Luke Cass

ResourcesLuke Cass (bio)“Closed Courtrooms: Sixth Amendment and Public Trial Right Implications” (article)The Journal of Appellate Practice and Process (free subscription)