Are you involved in estate litigation in Florida that is proceeding to a probate trial with a jury? Do you know what can and cannot be said in opening and closing arguments? Ask any Florida probate lawyer what they say in those arguments matters, immensely. Don’t believe it? Check out this recent appeal from the Fourth District Court of Appeals.
Opening and Closing a Probate Trial
- Opening and closing arguments are important as any Florida probate or estate attorney.
- What do probate attorneys Florida do with opening and closing arguments in a probate trial?
- Opening arguments help frame the case to the jury.
- They let the jury know what to expect to see and how it ties to that party’s theory of the case.
- This can be important to keeping the jury on the hook throughout the trial, and it may peek their interests.
- What about closings?
- Despite what you see in Law and Order, the probate judge will make limitations on closing arguments.
- Mostly a closing argument is where the lawyer gets to argue his or her evidence and make their case to the jury.
- That being said the judge may limit the use of prejudicial visual aides and other items.
- To what extent?
- Check out this recent case out of the Fourth District Court of Appeal on what is and is not allowed in closing arguments.
State Farm v. Gold
- This was an appeal centered around underinsured motorist coverage.
- Surprisingly the insurance company did not want to pay their client.
- Regardless of your opinion on insurance companies this case was based on closing arguments.
- The opposing parties were appealing the use of certain power point slides.
- Estate attorneys Florida know that the Court gives a lot of leeway to attorneys in closing arguments but they are not unlimited.
- Here apparently the appeal court thought the use of the slides were too inflammatory.
- Probate attorneys Florida know it is a fine line you walk.
- Do you know where the limit is for your estate lawyer Florida?
Check out the case to learn more!
For a free copy click here!
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