Deliberations got it just right last week. Did it ever.
The post — in screaming all caps — touts "THE OTHER DEFINITION OF 'LAW PRACTICE'". It tells of a defense lawyer whose closing went so far off-script that he confounded the jury, the foreperson of which said his argument seemed "almost . . . like . . . an afterthought."
The post implies that the excursion lost the case. Perhaps it did. Who knows.
But Blawgletter wishes to agree with the Main Point — that "those who think a closing argument (or opening statement; or direct examination) is more powerful and effective without practice are mistaken."
Let us turn now to the Roman trial lawyer par excellence, Marcus Tullius Cicero, who wrote:
[T]he chief thing, which we do least (for it needs great pains, which most of us shirk) — [is] to write as much as possible. The pen is the best and most eminent author and teacher of eloquence, and rightly so. For if an extempore and casual speech is easily beaten by one prepared and thought-out, this latter in turn will assuredly be surpassed by what has been written with care and diligence. The truth is that all commonplaces, whether furnished by art or by individual talent and wisdom, at any rate such as appertain to the subject of our writing, appear and rush forward as we are searching out and surveying the matter with all our natural acuteness; and all the thoughts and expressions, which are the most brilliant in their several kinds, must needs flow up in succession to the point of our pen; then too the actual marshaling and arrangement of words [are] made perfect in the course of writing, in a rhythm and measure proper to oratory as distinct from poetry.
We would add that you ought also to practice on others what you've written. Send your drafts to trial team members for comment. And, with openings and closings, at least stand and read to an audience what you've written. Then try it without notes.
Can you imagine the benefits of writing, and then trying out with your colleagues, the words you plan to utter in court?
Excellent. Go get 'em. Make old Cicero proud.