how should a lawyer move around during opening statement

When giving an opening statement, the lawyer should place her side in the best possible light and tell a story that will make the jury want to decide in her favor. Jurors often base their decisions about the case on the impression received during the opening statement. Lawyers can connect with the jury by telling an enjoyable story.

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What should a lawyer do when giving an opening statement?

When giving an opening statement, the lawyer should place her side in the best possible light and tell a story that will make the jury want to decide in her favor. Jurors often base their decisions about the case on the impression received during the opening statement. Lawyers can connect with the jury by telling an enjoyable story.

How do you write a good opening for a court case?

An opening should order important facts to support the dispute’s theme. A successful opening also will tell an engaging story from a client’s perspective, describing logically what happened. Chronological organization is often employed because jurors may have an easier time following a linear story.

What is an opening statement in court?

An opening statement is a factual narrative that should last no longer than is needed to keep the jury’s attention. It should preview, in an understandable way, the anticipated testimony and evidence. It should not bore or confuse the jury with too much detail. It also should not overpromise that which may not, or cannot, be delivered.

Can there be argument in the opening statement of a case?

Although judges vary in how much argument they will allow in an opening statement, most jurisdictions do not permit argument or discussion of law during the opening statement. See, e.g., United States v.

What is the opening statement?

What is the importance of an opening statement?

How to tell a story in a trial?

Why should an opening be given to the jury?

Why is an opening important?

What happens if you fail to deliver on proofs promised in an opening statement?

Do you have to share demonstratives with opposing counsel?

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How do you deliver a proper opening statement?

Going Deeper: Ways to Improve the Opening Statement:Keep revising your opening until it is exactly as you want it. ... Consider a hook in the introduction. ... Tell a good story. ... Do not argue the case. ... Use future tense when talking about what the evidence will show. ... Stay in control of the picture you paint in the jury's mind.More items...

What do lawyers say at the beginning?

The opening statement is the opportunity for the attorney to tell the jury what the cause of action is about, what evidence the jury will hear, and the attorney's client's side of the story.

What should you not do in an opening statement?

TEN DON'TS OF OPENING STATEMENTSDON'T Use Big Words. ... DON'T Ignore Weaknesses of Your Own Case. ... DON'T Attack Opposing Counsel. ... DON'T Argue the Case. ... DON'T Display Affectations. ... DON'T Ignore Your Client. ... DON'T Ignore Jury Instructions. ... DON'T Rush.More items...

What should follow the opening statement?

The opening statement is the lawyer's first opportunity to address the jury in a trial. Generally, the party who bears the burden of proof (plaintiff in a civil case or prosecution in a criminal case) begins the opening statements, followed immediately after by the adverse party (defendant).

How do you introduce yourself as an attorney?

It's often acceptable for you to simply say your name first and then indicate your profession. If someone else introduces you first, it's best to reciprocate by stating who you are and what type of work you do. For example, I'm John Smith, an attorney with Smith & Associates.

How do you speak in a courtroom?

Speak clearly and loudly enough that the judge can hear you. Speak only when it is your turn. When you speak to the judge, act respectfully and call him or her “your honor.” NEVER interrupt the judge. Summarize your point of view.

Can lawyers lie in opening statements?

In California, the Rules of Professional Conduct govern a lawyer's ethical duties. The law prohibits lawyers from engaging in dishonesty. Cal.

How do you create a strong opening statement?

Opening Statement ChecklistState your theme immediately in one sentence.Tell the story of the case without argument.Persuasively order your facts in a sequence that supports your theme.Decide whether to address the bad facts in the opening or not.Do not read your opening statement. ... Bring an outline, if necessary.More items...•

Can you argue in an opening statement?

An opening statement has a narrow purpose and scope. It is to state what evidence will be presented, to make it easier for the jurors to understand what is to follow, and to relate parts of the evidence and testimony to the whole; it is not an occasion for argument.

What does an opening statement look like?

Opening statements include such phrases as, “Ms. Smith will testify under oath that she saw Mr. Johnson do X,” and “The evidence will show that Defendant did not do Y.” Although opening statements should be as persuasive as possible, they should not include arguments. They come at the end of the trial.

Can you object during an opening statement?

Objections, though permissible during opening statements, are very unusual, and by professional courtesy are usually reserved only for egregious conduct. Generally, the prosecution in a criminal case and plaintiff in a civil case is the first to offer an opening statement, and defendants go second.

Which of the following is an important purpose of an opening statement?

The purpose of opening statements by each side is to tell jurors something about the case they will be hearing. The opening statements must be confined to facts that will be proved by the evidence, and cannot be argumentative. The trial begins with the opening statement of the party with the burden of proof.

10 Tips for effective opening and closing arguments

Opening and closing statements are the bookends of your trial, and offer a chance to tell your client’s story, framing it the way you want the jury to hear it. A solid opening statement gets the trial off on the right track. “This is the only time you’re really going to have the chance to make a first impression in front of the jury,” said litigation expert Miranda Lundeen Soto, a ...

A Sample Opening Statement | Trial Coach

Philip Moore robbed his lawyer, Mack Johnson. But, ladies and gentlemen, he didn’t kill him. After Philip left, or maybe even before Philip entered that house, Mr. Johnson died in his sleep, of natural causes. The prosecution wants…

5 Tips for Engaging Opening Statements - American Bar Association

The opening statement provides the first impression of the case and shapes the impressions of the jury. An opening statement forecasts to the jury the evidence they will see and hear during the trial—it allows the jury to know what to expect and to be able to understand the evidence when it is presented.

Powerful Presentation Opening Speech Examples - Demplates

No matter, how much you have invested your precious time in preparing a wonderful presentation, you may always face a dilemma regarding the choice pf opening speech that can be quite impactful. So, here we are bringing for you a collection of 30 such presentation opening speech examples that you can use and can give […]

What makes an opening statement effective?

Themes and storytelling are what make opening statements engaging and effective. The story of the case tells the jury what happened chronologically either from the viewpoint of the plaintiff or defendant. When giving an opening statement, the lawyer should place her side in the best possible light and tell a story that will make ...

What is the opening statement?

The opening statement provides the first impression of the case and shapes the impressions of the jury. The opening statement provides the first impression of the case and shapes the impressions of the jury. An opening statement forecasts to the jury the evidence they will see and hear during the trial—it allows the jury to know what to expect ...

Why should lawyers engage their audience during trial?

Lawyers should engage their audience during trial, and effective themes combined with engaging stories can fight juror boredom . Lawyers have a better chance later of persuading the jury if the jury likes their opening statements.

How to conclude a jury trial?

Conclude your opening by telling the jury what you would like them to do at the end of the case: “ I just ask that you please keep an open mind about this case until you hear all of the evidence. I also ask that you return a verdict of not guilty for the defendant, Officer Dally. Thank you for your attention.”

How to connect with a jury?

Lawyers can connect with the jury by telling an enjoyable story. These stories are persuasive and become embedded in a juror’s mind when they make sense, are stated in plain language, and have a beginning, middle, and an end. For example, tell the jury how they will learn about the plaintiff’s lack of knowledge. Tell them about how the plaintiff was not at the restaurant when the incident occurred. Explain that the evidence will support the employee’s testimony and the jury will see that the employee was acting professionally as stated in the employment contract. Tell them they will hear from the other employees who were at the restaurant on the night in question and they will put the actions in context. Present the people and the evidence in story form and the jury will be sitting on the edge of their seats in eager anticipation.

Why do lawyers have one sentence themes?

Emotionally based themes often serve as anchors, creating impressions for the jury that linger until the time the verdict is decided. Themes keep the jury’s attention and help them organize information.

What is Kelly Sanders' case?

This is a case about a man who has been harassing, stalking, and threatening my client, Kelly Sanders, after she ended a romantic relationship with him. Ms. Sanders lived with the Respondent for about three years, and they share a 2-year-old child together. Ms. Sanders came into the relationship with another child who is now 6 years old. They separated a few weeks ago because the Respondent began drinking much more than usual, threatening her life, insulting her, and encouraging the kids to join him. That is why we are here today, ladies and gentlemen of the jury. My name is Jack Jill, and I represent Ms. Sanders. In this trial, we ask you to grant her request for a Civil Protection Order.

What is the opening statement of a trial?

The opening statement is one of the most important components of any trial. It is your first opportunity to present the case to the jury, and to shape the jury’s perspective of the entire trial. The opening statement also is your first opportunity to present yourself to the jury, and to establish the kind of credibility that will persuade jurors to trust the testimony, documents, and other evidence that you eventually will submit for their consideration. A superb opening can set you on a path toward winning the case, but a disastrous opening may be difficult to overcome. Thus, the content and the presentation of your opening statement must be developed with care.

How to convince a jury to like your client?

Use the opening as an opportunity to persuade the jury to like your client. Explain your client’s motivations, and give the jury reasons to feel camaraderie with your client. If you represent an individual plaintiff, convince the jury of your client’s integrity, and persuade them that your client is not just out to make an easy buck; rather, your client suffered real harm. Obviously, a lawyer representing an individual against a corporation may have an easier job personalizing the client, but a management-side lawyer can personalize their client as well, and the need to do so cannot be underestimated. For example, rather than focusing on the corporation itself, a management-side lawyer should tell the jury about the people who comprise the corporation – the relevant supervisors, the human resources representative, and/or the company’s owner. Familiarize the jury with these individuals’ names, and their roles in the drama, so that the jury will be considering the actions of people versus people in the case, rather than a single, sympathetic plaintiff against a huge, faceless corporation.

Do you waive the opening statement in a bench trial?

Lawyers often agree to waive the opening statement in bench trials, but waiving the opening generally is not a wise move. Just like jurors, a judge needs an overview of the case before the evidence is presented, so that the evidence will have some context. Thus, unless the case has been assigned to the same judge for a long time, and you are certain the judge (and the judge’s clerk) knows your case extremely well, do not waive the opening – just make it shorter and less dramatic. Also, feel free to address more law during your opening in a bench trial. Clarify for the judge what legal questions will govern the case, and what standards the judge will need to apply.

Why is opening statement important?

Remember, the opening statement is the critical first impression with the jury about the case. Too many lawyers take the easy road of telling a chronological narrative is if it were a police report instead of a compelling emotional story. Opening statements are important. That’s when most jurors take sides and start telling a story about the case.

How to avoid the word "client"?

Instead use names and touches of humanity that are relevant to make individuals real people.

What is the rule for opening a story?

The primary rule for me is that it must be a compelling, emotional story and not an outline of facts, but told without unnecessary details.

How to start an opening statement for a lawsuit?

Find the most moving, action packed scene of your lawsuit’s story and start there. Are you trying a car accident case? Start the opening statement at the point that the distracted driver collides with your client and crushes every bone in his body as his wife of 30 years watches helplessly from the passenger seat. Are you trying a medical malpractice case? Start the opening statement at the point that the Dr. fails to conduct the necessary test that would have diagnosed the deadly condition that is gaining a foothold inside of your client.

Why is opening statement important in trial?

Since opening statement is one of the most important parts of the trial it is a perfect place to put your effort into.

Why do you spin a video?

This spin allows you to get ahead of the video which will be seen by the jury. It also helps you direct the jury to the better parts of the video for your case–that the activity is not strenuous and that your client is having a very difficult time performing it. While better than not addressing this bad fact at all, this is not ideal.

What happens if you ignore the bad facts in your opening statement?

If you ignore the bad facts the jurors will feel that you are trying to deceive them when the bad facts come out. And trust me–they will come out.

How does the bad facts affect your case?

Not only will the bad facts affect your case but the credibility hit that you will take in front of the jury will further amplify the damage that the bad facts will do to your case. Instead of ignoring the bad facts you can do one of two things to deal with them.

How to tell the jury what happened?

Tell the the jury what happened. Tell them what the case is about. Show them what they need to know to make things right for your client. And make sure that when you do you do so as if you were there when it happened. Speak to them like if you were there. What you say is not only evidence, what you say is the absolute truth about what happened in this case. What you say is the gospel. Drop this antiquated line from your trial arsenal, I promise your client will thank you for it.

What does the opening statement tell the jury?

Or how the other side will not be able to prove what it claims. Opening statement is not the time for this. Opening statement is the time to give the jury your story. Opening statement is the time to convince the jury ...

How to make an opening statement in court?

Tell the court what they can expect to hear from each witness that will advance your theory of the case and add to your proof. Do not argue your points. That’s why it’s called an opening statement, not an opening argument. Be careful not to overplay what you claim you’re witnesses will say. Create a Theme.

What is an opening statement?

That’s what an opening statement is designed to do if the court allows you to make one and it is properly done. First, remember that it is an opening statement, not an opening argument. This is not the place to argue the facts; just to give the court a preview of what’s to come and how the story will unfold.

What to introduce in a statement?

Introduce in this statement the evidence that will be introduce d. (“You will see the financial statements of this business which will help you to determine the income stream in this company”). Introduce any experts that will be called to testify. If they are experts with whom the court is familiar, make a point of that. (“The court will hear from Mark Short, an accountant who has been founded qualified by this court many times”.)

What is the job of a defense lawyer?

The defense lawyer’s job is to make sure that his or her client gets a fair trial, and that means that the defense lawyer must advocate for the client’s point of view. An mock trial opening statement is scored both on the content and also on delivery.

How long is the opening statement in a bench trial?

Usually for a bench trial, the opening statement is less than one half in length , and less time is put into the planning because judge’s don’t value the opening as much. But I do think you want to let the judges know what your strong points are ahead of time, much like a jury trial.

What is the difference between opening and closing?

The main difference is that an opening is an opening statement, but a closing is a closing argument. So the opening is not the opportunity for you to argue your case. Rather it is the time to tell the jury what evidence you believe will be presented so they know what to look for later on throughout the trial.

Can you challenge the accuracy of the alcohol test?

Sometimes defense lawyers will concede a lesser charge in order to maintain credibility on the greater charge. But if you want to fight the DUI, you can challenge the accuracy of the alcohol test. For example, did the prosecution actually produce an expert to testify that the testing instrument was accurate? Did the prosecutor prove that the driver didn’t have any alcohol after the accident? Is it possible that he seemed drunk simply because he had a concussion? Was the odor of alcohol due to alcohol being spilled on the defendant?

Is opening statement important?

Yes, it is an important distinction to make. Opening statements are for outlining your case or “telling a story”, and closing arguments is for summing up your case and arguing. However, sometimes I will sometimes sneak a little arguing into my opening.

Does a defense lawyer convince a jury?

Most of the time a defense lawyer does not succeed in convincing a jury of a the defendant’s actual innocence. Usually when a defendant is acquitted (found “not guilty”), the jurors make that decision based on the fact that there was some small measure of doubt in their minds as to the defendant’s guilt. These doubts is what the defense lawyer raises, and there is no better place to begin then in the defense opening statement.

What is an attorney?

An Attorney is an “Officer of the Court”. He is under a duty not to lie to the Court. If he knowingly misrepresented his case, then he is at risk of censure, and losing his licence.

What to do if you don't know your client is lying?

If you don’t know that your client is lying, you give him the benefit of the doubt and let the jury decide. If, however, you know your client is lying, you cannot ethically repeat that lie.

What happens if a juror crosses the line?

If a juror crosses the line they find out what contempt of court means.

What does it mean to lie?

Lying is KNOWINGLY saying something false, and doing so with intent to mislead. If I were to tell you I was the reincarnation of Hammurabi, I would have told you an untruth, but I would be joking rather than lying.

Do attorneys have to be honest?

In the US no of course not. Attorneys are under a very strict code of ethics which requires complete honesty before any tribunal.

Can an attorney lie in opening and closing statements?

Can an attorney lie in opening and closing statements? Yes, anyone capable of speech can lie. SHOULD an attorney lie? ABSOLUTELY NOT!!! See the Florida Bar’s informational packet, “Candor Toward The Tribunal.” https://webprod.floridabar.org/wp-content/uploads/2017/04/candor-packet.pdf

Can a US based company hire overseas employees?

A US-based company has a few options when looking to hire an employee overseas. Every country has its own set of regulations when it comes to payroll, benefits, taxes, etc. and you(Continue reading)

What is the opening statement?

An opening statement is a factual narrative that should last no longer than is needed to keep the jury’s attention. An opening statement is a factual narrative that should last no longer than is needed to keep the jury’s attention. It should preview, in an understandable way, the anticipated testimony and evidence.

What is the importance of an opening statement?

An opening statement, therefore, needs to be carefully planned. It should offer an understanding of the dispute and the parties involved in it. It should give an overview so the jury can better understand the evidence that will later be presented. An opening should establish the credibility of the attorney giving it so the jury is persuaded to trust the testimony, documents, and other evidence eventually offered for its consideration.

How to tell a story in a trial?

After introducing the theme, trial counsel should present the client’s case in the best and most accurate light possible, telling the story in a way that will make the jury want to decide in the client’s favor. Jurors often base their decisions about disputes on the impression received during an opening statement. The best openings offer a clear and persuasive story, using vivid images and metaphors. They introduce people and documents as they fit logically into the story and assemble the facts in a way that leads to only one compelling conclusion—the one the attorney is advancing at trial.

Why should an opening be given to the jury?

An opening should establish the credibility of the attorney giving it so the jury is persuaded to trust the testimony, documents, and other evidence eventually offered for its consideration.

Why is an opening important?

An opening should order important facts to support the dispute’s theme. A successful opening also will tell an engaging story from a client’s perspective, describing logically what happened. Chronological organization is often employed because jurors may have an easier time following a linear story.

What happens if you fail to deliver on proofs promised in an opening statement?

Failure to deliver on proofs promised in an opening statement can lead to counsel’s loss of credibility. It can give the adversary, at closing, an opportunity to argue that the party’s case was not made. An effective opening statement is built around a theme that can be summed up in a simple word or phrase or in a single sentence.

Do you have to share demonstratives with opposing counsel?

Often demonstratives need be shared with the court and opposing counsel before openings or pre-marked as exhibits (or both). Whether or not this is required, it is best to attend to objections before trial (for example, at a pretrial conference). This will permit opposing counsel’s objections to be addressed before the jury sees the exhibit and will avoid opposing counsel’s objections from interrupting the opening statement. If demonstratives or exhibits are not permitted, consider bringing an ELMO or an easel on which to write down key points that the jury should focus on.

Present The Theme of The Case

Tell A Story

Assemble The Facts Persuasively

Bad Facts

Make A Connection with The Jury—Do Not Read Your Opening

• Do not read your opening statement. Instead, practice several times and speak directly to the jury. Making eye contact with individual jurors shows that the lawyer believes in her case and is familiar with the events at issue. An outline of the case is more permissible if referred to sparingly, but leave the script at home. Also, be friendly. Do no...

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Conclusion

Opening Statement Checklist