14.5.3 THE CONCLUSION
Although the argument’s conclusion may take less than a minute of your time, it is important to do it right because it represents the last impression that the court will have of you.
To make life more interesting, your conclusion should be structured differently depending on what is happening when your time runs out or is about to run out. Your first job is to be aware of your time. At the competition, talk to the bailiff before the round, and make sure that he or she is sitting where you can see the time cards. If the bailiff is planning to sit in an inconvenient place, don’t be shy about asking for a change in seating arrangements. The whole purpose of keeping time is for the participants and the judges to know how much time has elapsed.Second, during the argument, pay attention to the time cards. In real life, many courts give extra time at the podium only grudgingly; in some courts, your microphone will be turned off when time elapses. At a competition, presume that time limits are strictly observed. If you are still at the podium when your time elapses, you must acknowledge the end of your time and ask the court’s permission if you wish to continue speaking. You should plan ahead and have a few different exit strategies planned for the various possible scenarios.
First, you may have a quiet panel. In this case, after you see the two-minute card (or a while after you have seen the five-minute card), transition into a rather lengthy conclusion. State your two or three best points affirmatively, and then say, “for these reasons, this Court should affirm [or reverse] the decision below. Thank you.”
Second, you may have a panel that keeps you frantically answering questions every minute of your time. If you have lost track of your time and see the “stop” card as you pause after answering a question, don’t go into a lengthy formal conclusion.
I have seen too many oralists stop a stirring colloquy to turn to a wooden, obviously prefabricated conclusion. If you are surprised by the “stop” card, you may simply say, “I see that my time is up. Thank you.” If you are a little braver, most courts will let you get away with a little more: “I see that my time is up. We ask that the Court affirm [or reverse] the decision below. Thank you.” Do not presume that you must end by asking for relief. As long as you have asked for it at some point in your argument, it is perfectly appropriate — and often effective — to end with a simple “thank you.”A sidebar on handling an active court: Saying the words “in conclusion” will cause many courts to stop paying attention and look to their score sheets. While this technique is generally not advised even in competition (and is almost never appropriate in real life), it may be helpful if you have a relentless court. Saying “in conclusion” (when you see that you have only a minute or so left) may quiet the court enough to allow you to end on a strong point. In the alternative, one of my moot court team members would sometimes use the two-minute sign as an opportunity to say, “I see that my time grows short.” This statement always made the judges sit up and take notice of the time, and often, they relaxed and let him finish the argument in peace. Making this kind of statement is a calculated risk; if you shine when answering questions, don’t do anything to interrupt their flow.
Third, you may be in the middle of answering a question, or the court may be in the middle of asking a question, when the time elapses. If the court is talking, wait until the question is asked before noting the end of your time. If you are speaking, stop immediately. In each case, begin your next statement by saying, “I see that my time is up. May I answer [or finish answering] your question?” Almost every court will allow you to answer. I do not recommend asking for time to conclude in this situation. Instead, finish your answer with a few words that encompass one of your assertions, and then segue to a brief “and therefore, this Court should reverse the decision below.”