Improper Argument: What to Do?!

Dallas Police & Fire Pension System v. Townsend Holdings, LLC illustrates the practical problems about objecting to allegedly improper argument–objection risks highlighting the problem, while waiting risks a waiver finding:

DPFP chose not to raise its concerns until after the jury began deliberations. DPFP’s chosen strategy risked that any error would be unpreserved if improper arguments were curable. DPFP had significant time during the five weeks of trial to consider objections and request curative action. If DPFP were concerned about provoking the ire of the jury, it could have requested admonitions outside the presence of the jury to rein in overzealous attorneys. To preserve error, DPFP should have timely objected and sought appropriate instructions from the trial court, who was in the best position to fashion the appropriate remedy.

No. 05-23-00099-CV (Dec. 17, 2024) (mem. op.).