Opening Statements

• What should you include in an Opening statement?

• Why do you need to be careful about what you include?

Section B: Part IV

Opening Statements

• What are they?– Opening Statements are the first scene of the

play and the first opportunity for the jurors to get into the play too.

• Function– Opening Statements act as a roadmap or

outline that helps the juror follow your overall story and the legal significance of your evidence.

Opening Statements

• Why are they important?– Opening Statements determine how well the

jury listens to your entire case, their attitude about your client and their willingness to decide in your favor.

– Exit trial research concluded that 80% of jurors decide the case in favor of the same party for whom they decided upon after the opening statement.

Opening Statements

• How do we start?– The plaintiff begins and must do everything

possible to take advantage, while the defendant must understand the plaintiff’s advantage and try to diminish it.

– The opening statement should be a positive factual persuasion.

• “Positive” means that the opening statement should be a presentation of the party’s position, not a quarrel with the opponent’s position.

Putting Forth a Theme

• Theme– A succinct assertion that captures the fairness

and justice of a legal claim.– It conveys the message that beneath all the

testimonial complexity is a simple truth that merits a favorable verdict.

– Generally it is your opportunity before final summation to convey the justness of your case in a sentence or two.

Putting Forth a Theme

• Developing the Theme– To develop a theme, try to reduce a client’s

story and all of the information into one to three sentences that will cause a jury to vote in favor of your position.

• How does it apply?– Focusing on the theme helps you to eliminate

the excess and recognize the relevant.– It is the singular reason why your side should

win.

Summarize Your Story

• Overview Techniques– “Witness-by-witness”– Evidence according to argument

• Why you should win.

– “Story” option (chronology)

• Pitfalls– Argumentative– Excessive Detail– Promises you can’t keep (The evidence will show)

Summarize Your Story

• Questions you need to answer– Should you volunteer weaknesses?– Can you include visual aides?– What is your bottom line?– Can you keep eye contact with the judge

instead of reading your statement?