THE DO'S OF FINAL ARGUMENT
ACCORDING TO THE CODE

1. Recognize and manage your fears.
   
2. Know yourself.  Experiment and push yourself to learn more about you.  Find out who you are and be that person.
3. Know your client and personalize and humanize him (Billy Bob and not Mr. Defendant/dehumanize the prosecutor, i.e., prosecutor or government lawyer).
4. Think and speak in terms of justice, fairness and equity.
5. Prepare and rehearse (get a copy of the court's charge too).
6. Anticipate your opponent's argument and respond if appropriate.  Tie the close to your opening.  Be flexible.  Remind the jury if the state failed to do what prosecutor promised in its opening.
7. Admit your weaknesses.  Make your weakest and scariest evidence part of your focus and explain its non-application and/or unreliability.
8. Be truthful and wear the white hat where you can.  Where you can't, then reach inside the juror for some common experience for a bond of understanding to arise that excuses your client .
9. Tell a personal story in plain English and work the theme you developed earlier ("Once upon a time.... etc.).  Use ordinary words and not legal ones.  Your story must have a beginning, middle and one undeniable ending.  Be passionate and speak with the many colors of your feelings.
10. Ask for what you want!
11. Think psychodrama (role reversal) and think/speak in first person and in the present tense.  The story is happening now.  Make the story live for the moment by creating an ongoing present event.  Tell it as both the Defendant's and the jury's personal story.
12. Consider demonstrative evidence.
13. Watch where you stand.
14. Don't be tricky or slick.  Think juror inclusion rather exclusion.  Strive to show the jury you trust them.  Think trust, trust and trust.
15. Speak with your eyes and look into each juror's eyes, one juror at a time.  Look into each juror's eyes before you speak.  Seek acknowledgement!  Do not give up on the juror who you think you've lost.
16. Speak with body language.
17. Speak with a rhythm.
18. Speak with silence.
19. Speak from your heart to the juror's heart and end on a high note.  Arouse their capacity to care.  Reach to feel inside the juror.
20. Remind the jury that "not guilty" does not mean innocent.  Rather, it means "not proved."  Also, remind the jury that reasonable doubt comes from the evidence, from the lack of evidence, and from conflicts in the evidence.  Lastly, remind the jury that other than presuming your client innocent, there are no other presumptions that they can make.