how to start a lawyer speech

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.

Full Answer

How do you write an opening speech for a court hearing?

It should provide a summary of the evidence that will be produced and should not go into any details in relation to the content of the testimony. The opening speech will detail the issues to be decided and you should provide a summary of the facts that you seek to establish.

Can a solicitor give an opening speech in a court case?

The opening speech will detail the issues to be decided and you should provide a summary of the facts that you seek to establish. However, in the county court the defendant’s solicitor can make the opening speech and if they do they are not entitled to make a closing speech, without the leave of the court.

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 introduce a lawyer to a jury in court?

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 not be afraid to smile.

How do you start an opening statement?

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 an opening statement in law?

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).

What are examples of opening statements?

Some examples:“This is a case about taking chances.”“Mary Jones had a dream and a plan.”“Revenge. That's what this case is all about.”“This is also a case about pain. Mr. Johnson's only companion today is constant pain.”“This is a case about police brutality”

How do you write a good opening statement for a 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.

What can't you say in an opening statement?

Prosecutors and defense attorneys generally have considerable latitude in what they're allowed to say in opening statement. That said, they're not allowed to "argue" (argument is saved for closing), nor are they allow to refer to inadmissible evidence or facts they don't intend to or can't prove.

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...

How do you present a court case?

10 Tips for Presenting Your Case in CourtObserve other trials. ... Do your homework and be prepared. ... Be polite, courteous, and respectful to all parties. ... Tell a good story. ... When presenting your case in court, show the jury; don't tell. ... Admit and dismiss your bad facts.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 present a defense in court?

Effective Criminal Defense StrategiesStep 1: Review arrest and/or investigation details. ... Step 2: Retain expert witnesses when necessary. ... Step 3: Point out potential unreliability of an eyewitness' testimony. ... Step 4: Prepare the defendant to take the stand. ... Step 5: Get evidence against the defendant thrown out of court.More items...•

How do you end a defense speech?

The Thank You. It has been a pleasure to appear before you in this important case. We appreciate your attention throughout this matter, and we thank you for listening to both side equally as you promised you would do in jury selection.

How do you write a good closing argument?

Guide to Writing Closing ArgumentsFactual Evidence. How it supports your case.Factual Evidence. How it supports your case.Factual Evidence. How it supports your case. Comments on the credibility of witnesses: How do the puzzle pieces of evidence and testimony fit into a compelling whole?

What is a closing argument example?

An example of a closing argument is the lawyer opening with a statement, "How can my client be in two places at once?". The lawyer could then incorporate the theme of an alibi, arguing that the defendant could not have possibly committed a crime because they weren't even in the country when the crime took place.

What is the opening speech of a civil trial?

The opening speech involves taking the judge through the statements of the case and providing an outline and guide to your case. It should provide a summary of the evidence that will be produced and should not go into any details in relation to the content of the testimony. The opening speech will detail the issues to be decided and you should provide a summary of the facts that you seek to establish. However, in the county court the defendant’s solicitor can make the opening speech and if they do they are not entitled to make a closing speech, without the leave of the court. You should hand the judge a bundle of documents and take him or her through the chronology of the matter to provide the judge with a picture of the events in the case. The opening speech should be lively and interesting to engage the court. You should use plain language and use eye contact to build rapport with the judge. You should refer to your client by his or her name in order to personalise them, and refer to the other side, for example as the ‘respondent/defendant’ etc.

What should a prosecutor do after hearing evidence?

It should provide a non-contentious summary of the case. The Prosecution then proceed to present their case. After their evidence has been heard the defence have the opportunity to give an opening speech and the present their evidence.

What is the closing speech of a court case?

The closing speech is your final attempt to address the court. It should integrate the evidence the court has heard with your theory of the case and present your underpinning argument. In your final speech you should rebut or explain the evidence that weakens your case and explain how the law applies.

What should I do when opening a case?

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 is the sequence of questioning in a civil case?

This is done by oral examination and the sequence of the questioning is examination-in-chief of the claimant’s side (to include witnesses), cross-examination by the defendant’s side, re-examination. The defendant will then give their evidence and can make an opening speech.

Do prosecutions have to make opening speeches?

In criminal matters the prosecution have the right to make an opening speech. If it is a simple case then very often the Prosecution will forgo an opening speech. If the Prosecution do decide to have an opening speech it should be kept brief. It should provide a non-contentious summary of the case.

Can a solicitor make a closing speech in a court case?

However, in the county court the defendant’s solicitor can make the opening speech and if they do they are not entitled to make a closing speech, without the leave of the court. You should hand the judge a bundle of documents and take him or her through the chronology of the matter to provide the judge with a picture of the events in the case.

2. End sentences with downward inflection, walking down the musical steps of each sentence

End sentences decisively, so listeners hear that the end is approaching. They need those inflective, musical cues to help organize your thoughts in their heads. If you are asking a rhetorical question, end with the upward inflection of curiosity. Walk your voice up the musical steps.

3. Pause briefly when your sentence ends

You should hear silence. The silence that follows the downward inflection of an audible period gives listeners a moment to process what you have said. Silence gives you a moment to formulate the first word of the next sentence.

Tips on How to Start a Speech

The first tip is something you shouldn’t do. At the start of a speech, don’t go out there and make things up on the spot. While some genuinely skilled public speakers can pull this off, the vast majority of people aren’t good at improvising.

The One Thing You Should NOT Do

If there’s a surefire way to lose your audience right at the start, it’s by simply introducing yourself. First off, in most speech settings, someone will likely have introduced you anyway, so it would be a waste of time. Secondly, most people in the audience will already know who you are and why you are there.

Start Your Speech Out the Right Way

Giving a speech is an art form that often relies on what happens at the start. Try out the above tips the next time you need to give a speech. Using assertive communication is another way to establish a connection with your audience. With the right beginning, you’ll have people following you every step of the way until you’ve finished.

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 happens when a defense lawyer is acquitted?

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.

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.

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.

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.

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.

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 ...

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 do metaphors and sensory language help jurors?

In addition, metaphors and sensory language help engage jurors. Vivid words like rowdy or steamy and words that describe activity, such as dancing or singing, activate the senses and make the listeners feel as though they were actually participating in the experience.