RECOGNIZING THE GREATEST BARRIER
TO A WINNING CLOSING ARGUMENT

    Fear is the greatest barrier to a winning closing argument.  Fear is involuntary and is sometime referred to as "stage fright".  It can prevent us from unlocking our passion and most inner feelings that show others who we really are.  Fear can preclude us from making a human connection to both the client and the jury which is so critical to making a winning closing argument.  Recognizing its involuntary nature and that it exists within us all is the first step to winning a closing argument.  The second step is to, understand the fear and where it comes from.  Finally, managing the fear is the last step in winning a closing argument.  But what is the "fear" we are talking about from the trial lawyer's view?

Webster's Dictionary defines "fear" as an "unpleasant often strong emotion caused by expectation or awareness of danger; also: an instance of or a state marked by this emotion; also anxious concern."  This four-letter word forms an interaction and non-action basis for all human action.  "Fear" is 180º from its cousin "fearless".  This cousin is also known by another name, "courage".  Although "fear" and "courage" are in inextricably connected and intertwined, they are diametrically opposed, too. 

    Fear is that barrier that precludes and/ or hinders humans from, in an emotional way, operating mentally and/ or physically at 100%.  Logically, the removal of fear from the human interactive task must result in an increase in both the efficiency and performance of the task.

    In his 1934 election speech, Franklin D. Roosevelt said "that the only thing we have to fear is fear itself."  These words had the affect of creating courage in the minds and souls of the American people during the darkest days of the Great Depression.  The "courage" came from both the acknowledgment of the truth of the statement and because the people believed and trusted their president.  Roosevelt's sage words and example ought be remembered and embraced by the trial lawyer. 

    As a trial attorney, one must consider if fear is a barrier to rendering effective and professional assistance of counsel, and if it is, then there is a need to both form a plan and implement it, to overcome and/ or manage that fear.  The first step, of course, is to recognize the fear and acknowledge its affect.  The second step is to face the fear.  The third and last step is to overcome it or manage it, i.e. just do it!  To do this last step is to acknowledge the risk of failure and take that risk. 

    "Courage" is the mental discipline that undoes the fear.  It is the emotional power that allows one to see with clarity that the event giving rise to the fear from  a person or a force deserves consideration and attention, that the fear actually comes from within you and not from without.  Recognizing this truism then, it is obvious that the power of self is not diminished by any outside force, rather, it can only be lessened by the self-giving away the power.  Said another way, if you realize it is not necessary to give up your power, that power becomes "courage" to not only transcend and obliterate fear, but also, to overcome the obstacle, task or opposing force at hand.

    To better understand "fear" it is necessary to understand "courage".  What is "courage" and where does it come from?  Webster's Dictionary defines "courage" as an "ability to conquer fear or despair: BRAVERY, VALOR". 

    Interesting, both "courage" and "fear" are learned.  Accordingly, one can learn to retain power and focus it to overcome fear.  Clearly then, if "courage" is learned so is its power.  "Courage" then, is the recognition that ignorance of self breeds fear.  The key here is to understand who you are, both consciously and subconsciously, and then to be that person.  Having the knowledge of who you really are comes from the courage to really look at yourself honestly and truthfully.  Gerry Spence likens this to standing naked before the mirror, i.e., you.  See who you really are.  Accordingly, to know yourself, you cannot let your ego miscolor who you are.  You cannot pretend to be that who you are not.  You must be only you, although you can be a person willing to learn more about his limitations by exploring and pushing on their outer limits. 

Learning not to wrongly give away the power of courage is to preclude fear's affect.  Having courage, one can take the big risk.   Taking the big risk allows one to either "fail big" or "succeed big".  "Failing big", however, is not necessarily a bad thing for it results in the trial lawyer not only learning his limits, but also, how to extend, enhance and broaden those limits.  Knowledge of self then breeds wisdom and effective communication and persuasion. 

    "Courage" is the power "to do!"  "Courage," then, is rooted in the power that comes from the wisdom of knowing that you have the power to give away or to keep the power "to do".  Having the power "to do" within you necessarily includes and encompasses the power "not to do," i.e., "to do" and "not to do" is the same power if the action or inaction is intentional.  Being "fearless" is being emotionally free to intentionally act or react to an outside stimulus.  More importantly, being "fearless" is having the knowledge that courage power only comes from within you. 

Confidence comes from courage, which comes from wisdom that comes from the power within the self.   Once started it becomes both cyclic and more powerful.  Courage then is the ability to recognize a false boundary and get beyond it.  Courage comes from the inner knowledge of who you are. 

    So how does fear affect us as trial lawyers?  It rears its ugly head in the form of stage fright, stress, intimidation, and embarrassment.  We are afraid or uncomfortable to talk to jurors in voir dire; to continue examination of a witness where we know it is the right thing to do but don't do it for fear that the judge or jury will be upset with us because of the additional time it takes to do so; to get in the face of either the prosecutor or the judge; to clearly, cogently and passionately present an opening statement or make a closing argument; or of losing, or of being rejected, etc., etc.,  In regard to fear, it has been said that "you can't get rid of the butterflies of fear, but you can teach them to fly in formation".  Accordingly, we have the power to teach ourselves how to manage and conquer fear.  Recognizing this fact is absolutely critical to bringing out the best in you as a person.