what makes up a strong opening argument for a lawyer

A strong argument is one which has a good analogy, is logical and is supported by facts or law in certain cases. A weak argument is one which is based on poor analogy and fallacies. Weak arguments are those, which do not have legal backing supporting them.

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How can a lawyer win an argument?

A lawyer’s ability to win an argument can be summed up by a few key skills: organising ideas and delivering them effectively.

Is it OK to argue in the 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 best defense attorney strategy in 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.

What makes a good opening statement for a criminal case?

You want to hook jurors with your opening statement. A good opening statement demonstrates your sincerity, knowledge of the facts, confidence and likeability all at the same time. “You don’t want to over-promise or under-deliver in your opening statement,” Soto said, adding that there’s no such thing as being over-prepared.

What elements make 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...•

What makes an opening statement argumentative?

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 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 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 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 should you not say in an opening statement?

You don't explain why your evidence is better than your opponent's or why your case theory is the one your audience should believe. And you don't tell the judge what conclusions they should reach. These explanations aren't proper in an opening statement; they belong in a closing argument.

How do you introduce yourself in an opening statement?

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

What is the purpose of an opening statement?

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 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 write an opening statement in negotiation?

Seek agreement on a positive conclusion early. Get your demands on the table first – let the bargaining start from your opening position. Don't start with offering anything until you have something to bargain with. Don't just react to something the other party has said – explain why it is a problem for you to comply.

How do you write a criminal opening statement?

HOW TO WRITE A PROSECUTION OPENING STATEMENT FOR MOCK TRIALTHE INTRODUCTION. Good afternoon, my name is so-and-so, and it is my pleasure to represent the State of Columbus and to serve as a prosecutor on this very important case. ... THE THEME: ... SUMMARIZE EACH WITNESS:Examples: ... Anticipate the defense theories: ... CONCLUSION:

How do you write a defense argument?

Here is a template and suggestions for writing a defense closing:The Greeting. ... The Thank You. ... Lack of Evidence. ... Echo Themes and Theories. ... Critiquing the State's Case. ... Burden of Proof. ... Highlight the Testimony from Your Witnesses. ... Conclusion.More items...

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.

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.

What should a trial counsel do after introducing the theme?

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.

What happens if a plaintiff's counsel introduces bad facts?

If plaintiff’s counsel introduces the bad facts about the plaintiff’s case, defense counsel may not need to address them, or defense counsel may need to clarify and put them in what he or she regards as the more proper context. Addressing a bad fact out of context, however, can lead jurors to give it undue weight.

What happens when a lawyer reads only from notes?

When lawyers read only from notes or fumble for words, they appear unprepared, and opportunities are lost. Trial counsel should be well prepared and make eye contact, leaving the jury with the impression the attorney is pleasant, professional, and competent, and knows the facts and believes in the client’s case.

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.

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.

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 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 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 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 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.

Why do I get to make opening arguments to the jury?

When we pick a jury, we are not allowed to tell the jury what the facts of your case are. We are not permitted to tell the jury what the law is in your case. We are prohibited from explaining the details of your claim during jury selection.

After we have selected six jurors who have told us they can be fair and impartial, we're now ready to start your trial

The judge brings the jurors into the courtroom. He introduces himself and gives them a few preliminary legal instructions. After a few minutes, he turns to me and says "Mr. Oginski, you may begin with your opening remarks..."

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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.

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;

What should be included in an introductory statement?

In your introductory statement, you need to include the following; Introduce yourself to the jury as a lawyer. Introduction of the client to the jury- introduce your client to the jury in an empathetic way to relate. Provide all the relevant information regarding the client’s case to ensure that the jury understands the client’s nature ...

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 is the purpose of opening statement?

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 they will see and hear during the trial. In other words, it lets the jury know what to expect and allows them to understand the evidence when it is presented to them.

How to get a jury to like you?

Create a good rapport with your jury. Ensure that the jury likes you, as you will require them to decide the verdict of the case in your favor. Address them as the intelligent people they are, and be sincere while conveying your beliefs.

Why is it so difficult to present a convincing argument?

Emotion makes it difficult for us to present a convincing argument. Negative displays of body language such as yelling, crying, sighing, eye rolling or name-calling is a waste of the mental energy required to win your argument . It fortifies your opponent’s psychological and emotional defences meaning that from this point, no matter how persuasive you are, you have already lost the battle.

How do lawyers stay calm?

Lawyers stay calm and stick with the facts. When it comes to arguments or negotiations, emotion is weakness. Even if lawyers are provoked, or are emotionally connected with a particular subject, they do not allow their opponent to use it to their advantage.

What happens when you challenge someone's views?

A strong emotional response to someone challenging these views leaves us not only vulnerable to feelings of personal attack, but also not thinking clearly. This can lead to anger, resentfulness, jealousy, defensiveness or distress.

Is subjective opinion objective?

Subjective opinions are not objective facts. No matter what strategies the opposing side uses to distract you from the main issue, or how tempting it is to draw in other connections, a good lawyer always brings the argument back to the original point. 2. Leave Emotion At The Door!

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.

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.

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).

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.