Summation: A Work in Progress

As any experienced criminal defense lawyer will tell you, a good summation begins to take shape when you first meet the client, and begin to understand the nature of the charges you will be defending. A trial lawyer who writes his or her entire summation after the close of evidence does not properly understand the process. Simply put, a good summation is a work in progress. It is shaped and continues to be shaped from the time you meet your client until the trial ends.

What is included in a summation will of course vary from case to case, the particular defendant in the hot seat, the strength or weakness of the Government's case and whether or not any particular affirmative defense has been put forward. So too will the substance and content of a summation vary with the degree of confidence and experience of the lawyer delivering it.

Criminal defense attorney Benjamin Brafman returns in his newest Lawline program to discuss the various tactics attorneys should employ to master the art of the summation, tactics that remain effective in spite of the fact that every case is different and every trial lawyer unique. 

Learning Objectives:

I.      Understand the "style" of a summation 

II.     Know and understand your case 

III.    Grasp how to take the "sting" out of the prosecutor's summation 

IV.    Effectively use exhibits and / or graphics