When his lawyer is talking, the
client watches him with admiration, but while the opposing lawyer
speaks the client can hardly conceal his contempt. He feels that his
case is secure and he does not understand how there can be anything to
be said on the other side. Yet he is fearful there may be some court
trick which he does not understand and the case may be lost.
"Your Honor and gentlemen of the jury," begins the defendant's lawyer.
Including the judge in his address, although it is a matter of
courtesy for the eloquence of the summing up, is meant solely for the
jury. The judge is only supposed to listen and restrain the attorneys
if they go too far afield in their attempts to influence the jury by
their efforts. The judge is the time keeper or referee and holds the
lawyers to the point.
The object of the attack is the jury. As the burden of proving a case
is on the plaintiff, he is supposed to have the first and the last
word; therefore, the defendant begins to sum up. After he is through,
it is the turn of the plaintiff. The tactical position is in favor of
the plaintiff. The advantage, as in all verbal disputes, is reputedly
with the man who has the last word.
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