how should a lawyer prepare an opening statement

Five Tips for Engaging Opening Statements

• Present the Theme of the Case. Lawyers should have a one-sentence theme for their cases. Emotionally based themes often...
• Tell a Story. Themes and storytelling are what make opening statements engaging and effective. The story of the case...
• Assemble the Facts Persuasively. Present the facts in the order that will advance your...

Full Answer

What do lawyers say as their opening statement?

Opening statements. 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. In an ideal opening statement, the attorney will paint a picture of the case for the jury so that when the jury hears the evidence, it can place the various pieces of evidence in ...

What does opening statement mean?

The meaning of OPENING STATEMENT is a statement to the jury by trial counsel before the presentation of evidence that usually explains the nature of the case, the factual matters to be proven, and the evidence to be presented and that summarizes the arguments to be made; also : a similar statement made to the presiding authority (as an arbitrator) at a nonjudicial or quasi-judicial hearing (as an arbitration hearing).

What is an example of an opening statement?

The purpose is to arm you will the tools to make the right choices to give your best possible opening statement whether you are preparing for trial or a moot court presentation. Our opening statement examples: These example opening statements give lawyers ideas on how to approach a jury trial. Use what works for you and toss the rest.

What is an effective opening statement?

Tips for Making a Jaw-Dropping Opening Statement

• Memorize it. As a juror, which would you find more convincing? ...
• Use the present tense. When telling a story or describing a situation, use the present tense. ...
• Sprinkle in rhetorical questions. This will keep the jurors minds active and engaged.
• Know your audience. ...
• Use logic AND emotion. ...
• Be real. ...

How do lawyers start their opening statement?

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. The theme developed should be straightforward, clear, and designed to catch and hold the jury's attention. It should get directly to the heart of the dispute.

What should opening statement include?

An opening statement is the most important points in a trial and it provides an attorney with an opportunity to engage with the jury about their case. An opening statement should always include an introduction; a body, which includes a story and a discussion of disputes and weaknesses; and a conclusion.

What is an example of a good opening statement?

“This is a case about taking chances.” “Mary Jones had a dream and a plan.” “Revenge. That's what this case is all about.”

How do you introduce yourself in an opening statement in court?

If opening a case you should always introduce yourself and the other side to the Court. For example: Your Honour/Sir/Madam/Master I appear in this case for the Claimant and my friend Mr/Miss/Mrs. appears for the Defendant.

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 is an opening statement in law?

Opening Statement This is each party's opportunity to set the basic scene for the jurors, introduce them to the core dispute(s) in the case, and provide a general road map of how the trial is expected to unfold.

How do you write an opening?

6 Tips for Writing a Memorable Opening LineStart in the middle of a story. The first lines don't have to begin with long descriptions of a room's appearance or a character's personality. ... Open with a mystery. ... Flash back to the past. ... Describe the current state of affairs. ... Set the tone. ... Start with a voice.

How do you write a good opening statement for defense?

A strong defense opening statement will do the following:Tell a story. ... Plant the defense themes. ... Make concessions only with great caution. ... Make the defense case concisely. ... Humanize the defendant. ... Make no promises about the defendant testifying. ... Argue the defendant's case. ... End on a high note.

How do you write an opening statement for a plaintiff?

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...•

How do you write an opening statement for a hearing?

An opening statement should include :A brief summary of the case.Reference to any facts that are not in dispute.The issues that are in dispute.What has to be decided by the Chairman.How you intend to demonstrate your case through your evidence.What result you are seeking.

How do you introduce yourself in advocacy?

0:465:52Oral Advocacy (2): Introducing yourselves - YouTubeYouTubeStart of suggested clipEnd of suggested clipBy respectfully addressing the arbitral panel here the arbitrator invites. A team to introduceMoreBy respectfully addressing the arbitral panel here the arbitrator invites. A team to introduce themselves is the male precedent of the arbitral tribunal.

How do you write an opening address?

to generally welcome all the guests, stating the name of the event and its host and to thank them for coming. to give a brief introduction of the host (the business, organization, family or person) to give a brief introduction or overview of the event. to introduce the next speaker if appropriate.

How to write an opening statement for a case?

To write an opening statement, start with your introductory remarks that summarize the case, state your theme, and intrigue the jurors. Then, go on to introduce your client, as well as any other witnesses involved in the case.

What is the purpose of opening statement?

An opening statement is meant to help jurors comprehend the case, focus on important evidence, and provide context. Before writing your opening statement, you are going to want to grasp why the opening statement is so important.

How to start a jury trial?

Begin with remarks that summarize the case, state your theme, and arouse the interest of the jurors. The first couple of minutes during your opening statement is when all the jurors are likely paying the most attention, so you want to capture them immediately.

What is the opening statement of a trial?

An opening statement is the most important points in a trial and it provides an attorney with an opportunity to engage with the jury about their case. An opening statement should always include an introduction; a body, which includes a story and a discussion of disputes and weaknesses; and a conclusion. Steps.

How to prepare for trial?

Prepare your speech for the day of the trial. You should strive to deliver your opening statement from memorization. Doing so will make your opening statement more genuine, believable, and effective. In order to accomplish this, you should:

Should you argue during your opening statement?

Avoid arguing during your opening statement. Because the point of your opening statement is to introduce the jury to your case, you do not want to turn your opening statement into a series of legal arguments. So long as you are assisting the jury in understanding your evidence, your comments should be permissible.

Should you discuss the law in detail during your opening statement?

Avoid discussing the law in detail during your opening statement. Your opening statement can most likely have a brief introduction to the legal issues on which your case depends. However, you should avoid discussing how the law should be interpreted, and you should avoid applying any of the facts of your case to the law.

What should you implement before opening a statement?

To do this, you should implement aspects of what has occurred prior to delivering your opening statement. For example, the judge will most likely talk to the jury a couple of times before you start previewing the case (usually about procedural things).

What is the opening statement of a case?

Opening statement is all about previewing the case for the jury. It is not about arguing the case (if you start arguing, then you may raise an objection from opposing counsel). So your goal is to come off as a teacher while you subtly and gently argue your case in a persuasive way.

Do you have jury selection before opening statement?

Similarly, jury selection (or "voir dire" for the fancy folks) comes before Opening Statement as well. So you should always , ALWAYS incorporate tidbits from jury selection into your Opening Statement outline. Doing so will continue the bond that you have developed during jury selection. See how you can do that here.

Should you write an opening statement before a mock trial?

In other words, your opening statement is not dependent on many variables so you should always write an opening statement script before your trial or mock trial. As a result, there are two things that may impact your Opening Statement.

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 do lawyers connect with jurors?

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.

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 does a lawyer do when a plaintiff introduces a bad fact?

A lawyer must essentially make a determination on a case-by-case basis as to whether to introduce the bad facts. If plaintiff’s counsel introduces the negative information, it may not be necessary for defense counsel to bring it up again in her opening statement.

How to address harmful information?

The other way to address the harmful information is to wait until the information comes out. If a lawyer exposes the harmful information, it may taint the case and draw greater attention to the information. The trial will provide the lawyer with the opportunity to address any charges that the other side will make.

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 is the opening statement of a case?

“The opening statement outlines the case it is intended to present. The attorney for plaintiff delivers the first opening statement and the defense follows with the second. A good opening statement should explain what the attorney plans to prove, how it will be proven; mention the burden of proof and applicable law; and present the events (facts) of the case in an orderly, easy to understand manner.” Mock Trial Material from State of Oregon v. Dulsa (2017-18 Season)

What does "theory of the case" mean?

A theory of the case. One or two sentences which tell the jury what your case is about.

Is the opening statement an argument?

The opening statement is not an argument. Do not argue the facts or law. Save arguments for closing. It is OK to state and develop your theory of the case. Stick with what the facts will show and what they will not show. Use future tense when talking about what the evidence will show.

What is the opening statement of an attorney?

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. In an ideal opening statement, the attorney will paint a picture of the case for the jury so that when the jury hears the evidence, ...

How long does an opening statement take?

Thank you very much. Most opening statements take between 10 and 45 minutes, although, depending on the complexity of the case, some may take longer. Some jurisdictions have developed rules for how long opening statements, as well as closing statements, may be. Other jurisdictions leave such time limitations to the judge’s discretion.

What is the burden of proof for a party to obtain a favorable judgment?

In order for a party to carry its burden of proof and obtain a favorable judgment, the party must provide some evidence that establishes all elements of the cause of action. For example: Marla was suing Toby for breach of contract under the laws of the state of Texarkana.

What does the judge do during a deliberation?

During the deliberation, the judge or jury will consider the evidence presented by the plaintiff and by the defendant. It is also during this time that the judge or jury will determine whether the plaintiff (or defendant) has satisfied its burden of proof.

Why are opening statements important?

Opening statements are important because studies have shown that trials are sometimes won and lost just through the opening statement. Studies have revealed that often, jurors make up their minds based on the opening statements.

What happens if Mark cannot prove Carl was the aggressor?

If Mark cannot prove that Carl was the aggressor and Carl cannot prove that he was not the aggressor, Carl would win the case because Mark will have failed to satisfy his burden of proof. See U.S. ex rel. Southern Ute Indian Tribe v. Hess, 348 F.3d 1237 (10th Cir. 2003).

Is an opening statement an argument?

The opening statement is not the appropriate place to argue – rather, it is a place to present the facts. The recitation of facts may be slanted in favor of one party, of course, but it must remain truthful. Although jurisdictions and judges vary in how much argument they will allow in an opening statement, most jurisdictions do not allow much ...

Present The Theme of The Case

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Tell A Story

Assemble The Facts Persuasively

Bad Facts

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

• 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 the jury want to de...

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Conclusion

Opening Statement Checklist