OPENING STATEMENT

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OPENING STATEMENT Talk is cheap, but words can
be expensive!
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Outline of an opening statement

• INTRODUCTION
• Introduce yourself and your client
• Explain the Issue in plain English.
• State your theme
• Entertain short attention spans

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Outline of an opening statement

• II. DO NOT VIOLATE THE Golden Rule
• Ex. How would you feel if someone took your
  motorcycle and wrecked it?
• Dont argue
• The testimony/evidence will show
• Officer Johnson will tell you
• Emphasize key elements

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Outline of an opening statement

• III. Tease the jury
• Main evidentiary points only
• Leave them wanting to know more
• Keep your promises to the jury
• Dont get bogged down with the small stuff

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Outline of an opening statement

• IV. Wrap it up
• Restate your theme
• Explain the verdict you will request
• Command their attention
• LEAVE ON A HIGH NOTE

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LEGALESE

• Jury members do not understand lawyer talk
• Be a persuader, NOT a lawyer
• Be conversational
• Do not talk down to the jury

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Objections

• Objections in opening statement Risky Business
• You had better be right!!
• Possible objections
• Argumentative
• Anticipates a defense
• Referencing inadmissible facts and evidence
• Personal attacks
• Assertion of a personal belief/opinion
• Always object
• Violation of the Golden Rule
• Mention evidence that was excluded in pre-trial

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Personalize your client

• Personalize your client
• Do not say
• The Defendant
• The Victim
• They have names, use them!!

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Personalize your client

• Gamesmanship
• Twist you opponents phrases
• Attack iron-clad arguments
• Steal their theme

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• Movement with Power/Purpose
• Dont be an aimless wanderer. Move with purpose.
• Use your WORDS to tell your story not your
  movement. Too much movement makes your movement
  ineffective.

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Move with POWER

• Movement
• DONT
• Sway or rock
• Pace back and forth
• Invade the jurys personal space

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Gesture with POWER

• Gesture
• Count
• Slim to Wide
• Give, Chop, Sweep
• Down the stairs
• Timeline
• Point

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Move with POWER
Remember 1. Opening STATEMENT (NOT Argument) 2.
1st Impressions Credibility and Competence 3.
Tell a story 4. Memorize the structure, BUT DONT
GET MARRIED TO IT. 5. Save the law/jury
instructions for the closing
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And last but certainly not least Relaxif youre
relaxed, the Jury will relax.