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OPENING STATEMENT Talk is cheap, but words can be expensive!

OPENING STATEMENT Talk is cheap, but words can be expensive!. INTRODUCTION Introduce yourself and your client Explain the Issue in plain English. State your theme Entertain short attention spans. Outline of an opening statement. II. DO NOT VIOLATE THE “ Golden Rule ”

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OPENING STATEMENT Talk is cheap, but words can be expensive!

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  1. OPENING STATEMENT Talk is cheap, but words can be expensive!

  2. INTRODUCTION • Introduce yourself and your client • Explain the Issue in plain English. • State your theme • Entertain short attention spans Outline of an opening statement

  3. II. DO NOT VIOLATE THE “Golden Rule” • Ex.: “How would you feel if someone took your motorcycle and wrecked it?” • Don’t argue • “The testimony/evidence will show” • “Officer Johnson will tell you” • Emphasize key elements Outline of an opening statement

  4. III. Tease the jury • Main evidentiary points only • Leave them wanting to know more • Keep your promises to the jury • Don’t get bogged down with the small stuff Outline of an opening statement

  5. IV. Wrap it up • Restate your theme • Explain the verdict you will request • Command their attention • LEAVE ON A HIGH NOTE Outline of an opening statement

  6. Jury members do not understand “lawyer talk” • Be a persuader, NOT a lawyer • Be conversational • Do not “talk down” to the jury “LEGALESE”

  7. 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 “Objections”

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

  9. Gamesmanship • Twist you opponent’s phrases • Attack “iron-clad” arguments • Steal their theme Personalize your client

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

  11. Movement • DON’T: • Sway or rock • Pace back and forth • Invade the jury’s personal space Move with POWER

  12. Gesture • Count • Slim to Wide • Give, Chop, Sweep • Down the stairs • Timeline • Point Gesture with POWER

  13. Remember… • 1. Opening STATEMENT (NOT Argument) • 2. 1st Impressions – Credibility and Competence • 3. Tell a story • 4. Memorize the structure, BUT DON’T GET MARRIED TO IT. • 5. Save the law/jury instructions for the closing Move with POWER

  14. And last but certainly not least… Relax…if you’re relaxed, the Jury will relax.

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