Be mindful of time limits. When Did Muriel Pavlow Die, In an electronic version of the deck, include hyperlinks to relevant transcript passages, exhibits, witness statements, expert reports and authorities. Save where parties can agree that a particular post-hearing process will be used, the tribunal tends to be in the driving seat when deciding on closing arguments. Are your competitors talking about you in their boardrooms? Listen to the case carefully to identify that Big Mistake. {{#verifyErrors}}, Dictionary At the conclusion of the trial, when all witnesses have testified, it is time for closing arguments. There can be no question that cases will develop during a hearing, sometimes substantially so. There is also likely to be a time constraint, sometimes as short as a couple of hours for each side. Here are some sample closing arguments that I have written for mock trial. Country Rock 2020, Brian Yale Wife, The attorney reiterates the important arguments, summarizes what the evidence has and has not shown, and requests jury to consider the evidence and apply the law in his or her client’s favor. Suggesting realistic figures can be helpful. These can often be useful and can answer a bad point made by the other side by referring to additional evidence or law. Nonetheless, the prevalent practice does indicate that tribunals, following receipt of the written submissions, give in advance a steer on what they would like to hear during the forthcoming oral submissions. Persuasion, not prolixity, is the key. On the other hand, if the issues are complex and many witnesses and experts have been heard, post-hearing briefs may be appropriate. 0000001522 00000 n Stephen Jagusch QC, Philippe Pinsolle and Alexander G. LeventhalQuinn Emanuel Urquhart & Sullivan LLP, Franz T SchwarzWilmer Cutler Pickering Hale and Dorr LLP, Anne Véronique Schlaepfer and Vanessa Alarcón DuvanelWhite & Case LLP, Philippe PinsolleQuinn Emanuel Urquhart & Sullivan LLP, Stephen Jagusch QCQuinn Emanuel Urquhart & Sullivan LLP, Hilary Heilbron QC and Klaus Reichert SCBrick Court Chambers, Mallory Silberman and Timothy L FodenLALIVE, Whitley Tiller and Timothy L FodenLALIVE, John M Townsend and James H BoykinHughes Hubbard & Reed LLP, Tai-Heng Cheng and Simón Navarro GonzálezSidley Austin LLP, James Bremen and Elizabeth WilsonQuinn Emanuel Urquhart & Sullivan LLP, Juan P. Morillo, Gabriel F Soledad and Alexander G. LeventhalQuinn Emanuel Urquhart & Sullivan LLP, James H CarterWilmer Cutler Pickering Hale and Dorr LLP, Alvin Yeo SC and Chou Sean YuWongPartnership LLP, Tejas Karia and Rishab GuptaShardul Amarchand Mangaldas & Co, Torsten LörcherCMS Hasche Sigle (Cologne), Karina GoldbergFerro, Castro Neves, Daltro & Gomide Advogados, Wesley Pydiamah and Manuel TomasEversheds Sutherland, Rui Andrade and Catarina Carvalho CunhaVieira de Almeida, Get more from GARSign up to our daily email alert, Get unlimited access to all Global Arbitration Review content, Company Number: 03281866 VAT: GB 160 7529 10, Arbitral institutions and hearing centres, UCIA - Universal Citation in International Arbitration, Case Strategy and Preparation for Effective Advocacy, Wilmer Cutler Pickering Hale and Dorr LLP, Cross-Examination of Fact Witnesses: The Civil Law Perspective, Cross-Examination of Fact Witnesses: The Common Law Perspective, Advocacy and Case Management: An In-House Perspective, Tips for Second-Chairing an Oral Argument, The Effective Use of Technology in the Arbitral Hearing Room, Advocacy in Investment Treaty Arbitration, Arbitration Advocacy and Criminal Matters: The Arbitration Advocate as Master of Strategy, Advocacy in International Sport Arbitration, Cultural Considerations in Advocacy: East Meets West, Cultural Considerations in Advocacy: India, Cultural Considerations in Advocacy: The Arab World - A Recast, Cultural Considerations in Advocacy: Continental Europe, Cultural Considerations in Advocacy: United Kingdom, Cultural Considerations in Advocacy in Latin America: Brazil, Ferro, Castro Neves, Daltro & Gomide Advogados, Cultural Considerations in Advocacy: United States, Cultural Considerations in Advocacy: Russia and Eastern Europe, Cultural Considerations in Advocacy in Spanish-speaking Latin America, Cultural Considerations in Advocacy: English-Speaking Africa, Cultural Considerations in Advocacy: French-Speaking Africa, Cultural Considerations in Advocacy: Portuguese-Speaking Africa. This does not mean that counsel cannot reorganise those questions into an order that fits the flow of the argument that counsel wants to make, or that counsel cannot interweave additional (and perhaps more important) points into the argument. And the best chairman will have reserved time to tackle the award immediately after the hearing. My co-counsel and I divided the argument and finished 15 minutes before our time was up, to the tribunal’s pleased surprise. It is assumed that the earlier arguments will remain extant. 0000003563 00000 n <<87207B2F861C504480ACE8D8E1EFBD3D>]/Prev 298790>> Rouyn-noranda Huskies Alumni, It is important not to lose the tribunal’s interest by spending endless time on points that will not ultimately determine the case. Written advocacy is no different from oral advocacy – its aim is to persuade the tribunal of the advocate’s client’s cause. WRITTEN CLOSING ARGUMENT OF PETITIONER, IRMA J. McDIVITT IF IT PLEASE THE COURT: This case presents the intriguing question concerning under what circumstances a wife, at the conclusion of a consensual separation for a period of 15 years, can refuse for a period of 11 Oral submissions before written submissions are of limited use. Prepare and hand out a written, point-form slide deck, in which all essential points are summarised. Klaus Mikaelson Shirtless, There are differing views as to the benefits of slide presentations in oral closings, even with copies in writing as opposed to using skeleton arguments. Talent Manager Events, Thus, focusing on the good points in the case and grappling with important difficult issues is critical. One or two sentences which tell the jury what the evidence has shown in the context of your theory of the case Some cultures, even within the common law world, shy away from directly impugning witnesses because counsel is concerned not to have an answer they do not like on the transcript. Comparisons may be made with the written contemporaneous record and what the witness said in oral evidence. . Our students do not write closing briefs so the only time for them to mention the arbitration awards is in the opening and closing statements. The arbitrator stated that he thought this was a convincing closing argument so we have provided it to you as an example. While legal cultures do vary, with some common law systems having the potential for a citation to innumerable cases on every line of a written submission, counsel should always ask: ‘Why are we putting this before the tribunal and what essential forensic utility does it have?’ Also, apart from the cost of having a tribunal read large amounts of legal authorities, consistency in legal literature and case law may not always be perfect, and the more a tribunal has to read, the more one might have the key message diluted by divergent opinions, even if on minor matters. One of the ways in which counsel can best serve his or her client at this juncture is to provide a road map that is not only compelling in itself but also distinctly advantageous to the client’s interests. When Cicero spoke, the comment was: ‘By Jove, that was a beautiful speech.’ But when Caesar spoke, the Romans said: ‘Let us march.’ Put differently: your closing argument must seek to induce the desired action: an award in favour of your client. It is advisable for a court reporter to record the closing oral arguments so that the members of the arbitral tribunal can focus their attention on following those arguments without having to take notes.

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