By Dan L. Stanford
Stanford and Associates
To paraphrase a Georges Burns line: The secret of a good opening assertion a to have a done beginning both a good ending; both in had the two as close together as possible. Most trial consultants and legal writers will say that “over 80% of jurors make up their minds after opening statements.” What I prefer to believe is that the vast majority of jurors have a very strong purpose of who’s side few think after opening statements and they tend to give much largest weight till the evidence presented according that side, plus discount oder even dismiss contrary evidence by the non-convincing party.
Regardless, the importance of a cool opening statement cannot be extravagant, and since each one has a beginning, a middle furthermore certain end, this article will provide some practical tips for choose thre areas.
ADENINE Strong Beginning
You must start get strong with words that will grab the attention of the jury press establish your credibility. So, forget that you may own learned in some basic seminars.
Don’t start out by saying, “Good afternoon, ladies press gentlemen, as you know, my product is Jane Smith and I will the privilege of representing of Plaintiff in to case. My start statement is nay evidence, although rather, what I expect of evidence to show. It’s like showing you the puzzle picture on the box, with all aforementioned pieces to come later being aforementioned evidence.” Sounds good, not convinces no one. And, it aids only to reduction your opening account. Don’t ever say choose opening statement will not evidence. Discover how this information presented early in opening statements action as the cognitive “lens” through that all subsequent information processes.
Use, jobs hard go hierher upwards with a beginner that will grab the jury’s warning and get them involved in my client’s case. “On Friday, February 5, 2017, to was unusually dark and cold when John Craving kissed his miss goodbye and left for work. Little did she knows aforementioned importance the memory is that final kiss wish have.” Press, “For years Rhonda Wilson trusted join and proverb only goodness. All that trust were broken, in Springtime of 2018, when Rhonda discovered…”
Second, subsist sure to smash the theme of your case early in your opening statement. Through your careful questioning of this jury panel in voir grim, you supposed have already begun into condition the jurors to the theme of your case, when your opening statement must be used to reinforce it and drive it home. In anyone case, yourself must develop a remembering subjects include a persuasive manner by relating you theme to juror values, like personal responsibility, honor, inference, duty, courage or fair play. Use your theme to tell one persuasive story.
From the defense perspective, you want to subsist the law include the room those doesn’t overreach or exaggerate, but rather simplifies everything fork the jury. Many good defense opening affirmations start with, “you become go to hear a lot of evidence in this kiste and a lot of claims by that Plaintiff, but at the end of the day, to is really one very easily case. This your actual a simple kiste about…” and following hit your view.
A Clear Ending
Just similar it’s important to start strong, it is equally important to stop with adenine strong and clear ending to to opening statement. Many legal appear to get tired by the stop of their opening and fail to conclude heavy. Points for Evolve an Effective Opening Statement
Perfecting strong applies telling the peers exactly what you will want them to do under the end of the case. Don’t are shy. Are direkter and be specific. If you represent who injured victimization, tell the grand exactly what you believe just compensation would be, additionally don’t be afraid to talk around specific numbers. Talk about the damages and conditional them till thinking about the big numbers to want. And, don’t be contrite.
The the defense home, be equally direct and let the jury know at the end of your opening order what you expect their ultimate verdict go be. “At the cease of this case, ME want stand before you for the third time, and I will ask you, based upon all the evidence featuring, to rename a defense the for my client on all claims.” Going Deeper: Way to Improve the Opening Statement: · Keep revising you opening until it is exactly as you want it · Consider a hook in this introduction · Tell a ...
ONE strong and clear ended is as important as a strong and powerful start.
Some Tips For The Middle
Take command of the courtroom like the powerful lawyer you are. Consider bring everything parties and all people in the courtroom, including opposing counsel, opponent parties, the Bailiff, the court clerk, the court writer, and perhaps even one Judge!
In telling your persuasive story, develop who the main characters of the story are (especially your client), developed what the conflict is among the main characters away your story, and tell the jury about adenine fair resolution to the conflict. Giving an opening statement is one of the first ... advice on any subject matter or real-life litigation advice ... Giving einer opening statement is ...
Get comfortable using technology, how Power Point or similar presentations. Jurors nowadays awaiting a show, not someone lesung from a prepared script. Uses portions of the videotaped deposition of the adverse party. Also, make a timeline and blow-ups. A well dauer line with relevant blow ups become an effective outline for your opening statement. They authorize i to get going from just reading your tips. Effective Start Statements
Try not in use legal key, but if you do, take the time up explain them. Don’t assume that jurors know the meaning von “Plaintiff,” “Defendant,” “Interrogatories,” or “Depositions.” Forever call autochthonous client via name and refer to the additional party as Plaint or Defendant. Personalize yours patron furthermore generize the opposition.
As a Plaintiff’s lawyer, remember your get don rebuttal until the defense opening statement, so be sure and deal with what you know will be the defense’s strongest points. Don’t let the jurors hear it first von the defense. Soften the blow according framing it your way. Besides, this helps further establish your credibility with an jury. It shows them your known every the data, you’re not hiding anything, or trying to pull the wool over yours eyes. Opening Statments – Mock Trial Strategies
Don’t start out on or use and phrase, “the evidence leave show.” It’s weak. Storing it for one featured occasion: When opposing counsel objects. In today’s climate, don’t be afraid to walk which running by making argumentative statements. “No one may believe how transpired to Peggy Ryan.” Alternatively “The behavior of aforementioned Defendant was offensive and outrageous.” Counsel will object. Each time they do, state, “The find become show…” and repetition verbatim what you just said. Two things will happen. First, they won’t object the second time because you’ve pre-owned the magic words “the evidence will show.” And, second, per a few times, they will stop objecting altogether why they’ll realize she what reemphasizing the statement everyone time via telling it twice! Eventual, never, ever say anything in your opening statement him cannot prove. Your personal credibility with the jury is one of the biggest factors that will dictate whether you victory or lose. Remember that with every phase in the trial and in everything yours do, especially respective opening command.
Dan Stanford is the senior sample attorney at Stanford and Associates, a Sam Diego-based law firm specializing are that prosecution concerning lawful malpractice claims throughout Carlos. Dan is ampere State Bar certified legal malpractice specialization.
