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Opening Statements Themes and Structures

Opening Statements Themes and Structures. by Richard S. Jaffe Jaffe, Strickland & Drennan, P.C. Offices in Birmingham and Atlanta 205-930-9800/ www.rjaffelaw.com.

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Opening Statements Themes and Structures

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  1. Opening StatementsThemes and Structures by Richard S. Jaffe Jaffe, Strickland & Drennan, P.C. Offices in Birmingham and Atlanta 205-930-9800/ www.rjaffelaw.com

  2. "Most of our obstacles would melt away if, instead of cowering before them, we should make up our minds to walk boldly through them." Orison Swett Marden

  3. 1. Demystify the Presumption of Guilt b. Make them buy into presumption of Innocence a. Inherent in the prosecutions case c. G. J. relied on hearsay d. Prosecutor relied on hearsay

  4. 2. Target leaders but speak to each Juror b. Personalize yourself and client a. Connect to jurors/Eye contact

  5. 3. Win the credibility contest b. Be the most prepared, the most organized, the most knowledgeable, the most articulate, the most sincere, the most in control a. Do not over promise (They will) c. Point to the prosecutions weaknesses

  6. 4. Know your controlling themes a. Know and emphasize your pivotal points b. Stay on message (10 word telegram)

  7. 5. Deal with your worst facts up front a. When possible embrace them

  8. 6. Be Persuasive a. An opening is not a statement b. It is an opportunity c. Control the Courtroom

  9. 7. Adapt your style to your case a. One size does not fit all b. Decide who you want to be c. Be authentic d. Be vulnerable

  10. 8. Communicate your commitment and belief in your defense a. Communicate commitment to and relationship with your client

  11. 9. Tell your defense as story a. Use the senses b. Use visuals and/or the courtroom c. The best story wins

  12. 10. Empower the Jury b. Remind of their oath a. Remind them of their Duty c. Each juror is a judge d. Give them a reason compelling acquittal, lessors etc.

  13. “It’s not the size of the dog in the fight, it’s the size of the fight in the dog Coach Paul ‘Bear’ Bryant

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