how to write good lawyer opening statement

by Ms. Audie Casper 3 min read

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...

Five Tips for Engaging Opening Statements
  1. Present the Theme of the Case. Lawyers should have a one-sentence theme for their cases. ...
  2. Tell a Story. ...
  3. Assemble the Facts Persuasively. ...
  4. Bad Facts. ...
  5. Make a Connection with the Jury—Do Not Read Your Opening. ...
  6. Conclusion. ...
  7. Opening Statement Checklist.
Oct 30, 2015

Full Answer

What do lawyers say as their opening statement?

Apr 20, 2020 · A good opening may bring up warts without dwelling on them too long. Explain the bad facts in one to two sentences, making sure your explanation has proper context in your story and offers jurors a reason to understand that the bad facts are not bad for your client’s case.

How to start an opening statement?

Apr 25, 2019 · How to write an Opening Statement. Using the 10-Step Formula described in the above video, you can apply the facts and theme of your case to each step. And in order to write a winning Opening Statement, you'll want to avoid being over-the-top with the drama. Opening statement is all about previewing the case for the jury.

What is an example of an opening statement?

It should include an introductory statement, the main body comprising all the relevant information, and a conclusion. Usually, the relevant information must include possible disputes as well as weaknesses. An opening statement provides the lawyer with an opportunity to address the jury in a trial and shapes the impression of the case and the jury. It forecasts to the jury the evidence …

How to write a strong opening sentence [with examples]?

14 Tips to Giving an Opening Statement for Plaintiffs' Lawyers Speak in the present tense. This method of storytelling keeps the listener interested and creates a real sense of... Juries expect a high-tech presentation in 2021. Give it to them. Use technology to …

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What do lawyers say in an opening statement?

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 is a good example of an opening statement?

A typical introduction: “Your Honor, members of the jury, my name is (full name), representing the prosecution/defendant in this case.” If they have already been introduced, some attorneys just go right into their opening to save time, create drama, and make it look more like a real trial.

What should you say 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.

Do Lawyers memorize opening statements?

For most attorneys in most settings, it isn't realistic to memorize the entire text of an opening or closing. And even if you had the time, a memorized presentation might sound recited or stale. But what you can memorize is your outline… assuming you have one, and you definitely should.Jul 6, 2015

How do you introduce yourself in an opening statement?

These steps will help you write an effective self-introduction:
  1. Summarize your professional standing. The first sentence of your self-introduction should include your name and job title or experience. ...
  2. Elaborate on your experiences and achievements. ...
  3. Conclude with a lead-in to the next part of the conversation.
May 3, 2022

How long should an opening statement be?

Ultimately, the answer is, “as long as it takes.” If you can tell your story and establish an evidentiary/emotional framework in 20 minutes, great. If it's going to take two hours, and the judge is willing to give you two hours, take two hours.Mar 18, 2015

How do I open a court case?

Usually the party that starts the court case is called the “plaintiff” or the “petitioner” and the party being sued is the “defendant” or “respondent.” After you have filed the documents, the other party must be “served” with the documents; this is also known as “service of process.” The person that you are suing will ...

What is an opening statement in writing?

An opening statement is an opportunity for you to discuss the facts of your case while generally avoiding arguments and the application of law to facts. Discuss the facts of your case. Your opening statement should be limited to a discussion of the anticipated evidence and what the main issues are.

How do you present a court case?

10 Tips for Presenting Your Case in Court
  1. Observe other trials. ...
  2. Do your homework and be prepared. ...
  3. Be polite, courteous, and respectful to all parties. ...
  4. Tell a good story. ...
  5. When presenting your case in court, show the jury; don't tell. ...
  6. Admit and dismiss your bad facts.

What should you not do in an opening statement?

TEN DON'TS OF OPENING STATEMENTS
  • DON'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.

Can lawyers use notes?

There are teachable techniques that permit an attorney to give a comprehensive speech (opening or closing) without using a single note. On the other hand, notes do not have to detract from the closing, if the attorney puts some effort into creating a usable format. In other words, don't use a written out text.Nov 11, 2015

How long should an opening statement be in an essay?

The introduction should make sense and hook the reader right from the start. Make your introductory paragraph brief. Typically, just three or four sentences are enough to set the stage for both long and short essays.Jun 6, 2020

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.

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 do you need to know before writing an opening statement?

Before writing an Opening Statement, firstly, you need to comprehend why the opening statement is imperative. This ensures that you write the best opening statement possible. The following three tips will help you accomplish your mission;

How to start an opening statement?

The first step of writing an opening statement is to start with an introduction describing the intentions and overall purpose of the opening statement. This will allow you the chance to grab the attention of the jury as, at this point, they will be interested in listening to the facts in the form of a story.

What should be included in an opening statement?

It should include an introductory statement, the main body comprising all the relevant information, and a conclusion. Usually, the relevant information must include possible disputes as well as weaknesses. An opening statement provides the lawyer with an opportunity to address the jury in a trial and shapes the impression of the case and the jury.

What is the opening statement of a trial?

An opening statement is essential for any successful trial. It should include an introductory statement, the main body comprising all the relevant information, and a conclusion. Usually, the relevant information must include possible disputes as well as weaknesses.

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.

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 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.

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.

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.

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 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.

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.

What is the story of a case?

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 decide in her favor. Jurors often base their decisions about the case on ...

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.

Can you address bad facts in your opening?

You can address bad facts in your opening to “cut the sting” before they are raised by opposing counsel. You can present all of the issues in your opening for credibility purposes. If the jury believe s that you are willing to expose the problems with your case, you may seem more credible.

Constructing an Opening Statement

How, then, to construct an Opening Statement? What should you think about before you start? What is the case about? Every case has a theory; why should your client win? Why is he/she entitled to the remedy you are requesting? The opening Statement is the place to start to lay out your theory, perhaps with a statement such as “This is a case of a stay-at-home mom who is requesting the right to continue to do so” or “This case involves the division of a family owned business in which My client, Joe Jones, is a 20 per cent owner.” In other words, immediately focus your judge on where you want him/her to listen..

Introduce the Players

Use the opening statement to introduce the players. Make your client someone the judge thinks you like perhaps by touching the client’s shoulder during your statement. 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.

What is the best defense strategy for opening statements?

A common defense attorney strategy in opening statements is to start critiquing the state’s case, and letting the jury know that there are two sides to the story. Studies show that jurors often make up their mind about a case right after opening statements, so you need to start strong. Also remember that as a defense attorney, you ...

When can you reserve opening statement?

So take the opportunity to shoot holes in their case. In theory, you can reserve your opening statement until after the prosecution has rested, but this is rarely done (particularly in mock trial competitions).

Do lawyers have to cover all of the time restrictions?

However, it also does seem like there are some inconsistencies that are not terrible relevant, and you do not have to cover all of them due to the time restrictions. Even in real trials, lawyers make tactical decisions to not cover everything they possible could due to the limited attention span of jurors.

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Present The Theme of The Case

  1. Identify and understand the purposes of your opening statement. An opening statement is meant to help jurors comprehend the case, focus on important evidence, and provide context.[1] X Research source Before writing your opening statement, you are going to want to grasp why the opening statement is so important. This will help you write the best opening st…
  2. Identify and understand what content belongs in your opening statement. Before you start wr…
See all 3 steps on www.wikihow.com

Tell A Story

Assemble The Facts Persuasively

Bad Facts

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

Conclusion

  • Present the facts in the order that will advance your conclusion. If you want to convey that the person fell after the milk had spilled, present the events by describing the puddle of milk on the floor, and follow immediately with the slip and fall. Communicate the connection or lack thereof between the spill and the fall, with the timing and sequence of your presentation. Let the facts s…
See more on americanbar.org

Opening Statement Checklist

  • When should you let the bad facts out? Do you talk about them in the opening if they are likely to come out at trial? There are several options. You can address bad facts in your opening to “cut the sting” before they are raised by opposing counsel. You can present all of the issues in your opening for credibility purposes. If the jury believes that you are willing to expose the problems …
See more on americanbar.org