“Defense Arguments in Criminal Proceedings”—that was the topic of the lecture given by Denis Ponomarenko, a partner at Barristers, LLC. He emphasized that the impression formed of a lawyer begins the moment he or she appears in court, and this impression will inevitably influence the outcome of the case. Therefore, a lawyer must, first of all, present a professional appearance—wearing a business suit and tie. Second, a lawyer must be thoroughly familiar with the materials of the criminal proceedings in order to effectively convey the essence of the case, present arguments in court, and substantiate their legal position.

The lecturer believes that, in addition to making a positive first impression, it is equally important how the attorney speaks and conducts themselves at every stage of the proceedings. Moreover, in addition to presenting the case on its merits, a lawyer must make statements during the pretrial investigation; indeed, these statements are sometimes just as significant as a lawyer’s closing arguments following the trial on the merits.

One must also take into account the audience before whom the speech will be delivered. It is one thing to speak in a large courtroom during a high-profile case, and quite another to address a judge, a prosecutor, and a client. He believes it is necessary to tailor a lawyer’s speech to the target audience—sometimes a lawyer’s speech is directed not at the judge, but at the public and media representatives present at the trial.

When preparing a speech, Denis Ponomarenko advises keeping in mind the attorney’s goal, which, in his opinion, is not to exonerate the client but to defend them. There are cases where the client pleads guilty, and in such instances, the attorney’s task is to mitigate the sentence that the court may impose based on the outcome of the case. Another goal of the attorney is to challenge the legality of the methods used to obtain evidence and the reliability of the evidence gathered by the prosecution. In this regard, the speaker cited examples from his own legal practice to illustrate the points of his presentation.

The lecturer pointed out that there is no single correct answer to the question of what the content and length of a lawyer’s courtroom argument should be—it all depends on the circumstances of the case, the number of parties involved in the case and, accordingly, the number of attorneys, as well as the number of arguments the attorney must present to the court. However, it is indisputable that speeches lasting many hours, which were once delivered by lawyers in jury trials, are unacceptable, since the audience’s interest in the lawyer’s speech may wane after the 20th minute.

The lecturer also believes that a lawyer should not clutter their speech with citations of legal provisions—if necessary, it is better to explain the provision in their own words. Extensive citation of the legal framework is permissible only in cases where the issue at hand is determining whether the defendant’s action constitutes a crime or not.

Denis Ponomarenko, a partner at Barristers JSC, emphasized that courtroom arguments can serve as a defense tactic and provided recommendations on how to apply such tactics in practice. He insists that the attorney’s closing argument must be prepared in advance and must logically substantiate all the evidence and circumstances examined during the trial. In this case, the judge will be able to review them in the deliberation room and even incorporate them into the verdict. However, it is not advisable to read them aloud during closing arguments; you should only quote witness testimony, which is indispensable. At the same time, when presenting your arguments, it is advisable to cite the volume number and page number of the case file, which will demonstrate your preparation and knowledge of the case materials.