HOW TO MAKE A STRONG OPENING STATEMENT
[from Trial Skills Live]
Your Opening Statement is important for many reasons, not the least of which is the fact that this is your first impression with the jury. How you present yourself and your trial theory can have a tremendous impact on the outcome of the trial. Although we would like to believe otherwise, the jury will begin making private determinations of innocence or guilt from the very first moment the accused walks into the courtroom. Your ability to set the stage with your Opening Statement is therefore a very critical component in the trial.
1. Master Your Opening:
You have to know your opening statement cold. Reading from a script, perched behind the podium isn’t going to do it. This is your first impression and your first chance to connect with the jury. Let them know you're in control of the case. Keep a sheet with bullet points of your statement at the podium and refer to them if you need. But whatever you do, don't read your opening.
2. Personalize Your Client:
Whether you’re the attorney for the plaintiff or defendant, building your client’s reputation can be paramount. For example, in a criminal trial, it would be important to humanize the alleged criminal and to highlight the positive attributes from his or her personal and professional life. If the jury can connect with your client, they are more likely to sympathize with his or her position.
3. Courtroom Delivery:
Almost as important as what you say, is how you say it. It is important to use body language and voice inflection to emphasize your message. It's good practice to step away from the podium to connect with the jury. During the more critical moments of your Opening Statement, you need to make certain that the jury is fully engaged. Voice inflection and your positioning in the courtroom (e.g. proximity to the jury box) can help ensure they get the message.
4. The Burden of Proof:
Depending on the type of trial, you will be faced with a different burden of proof. Stated simply, the burden of proof is the obligation to shift the assumed conclusion away from an oppositional opinion to one's own position. In most criminal cases, the burden of proof is reasonable doubt. For the jury, this can be a very difficult concept to understand, but its understanding can be critical to your clients success. One effective method is the use of analogy to explain the threshold of reasonable doubt. Click here to watch a good example.
5. Paint the Picture:
Your opening statement should tell a story. You will need to start with a well-crafted trial theory. Your theory is an account of the facts and controlling law that lead to a favorable outcome.
6. Always request a specific verdict:
Nothing fancy about it, but it's often left out. Don't forget to ask the jury for a verdict.
Example:
At the end of this trial I ask you to submit a verdict of not guilty. Thank you.
[from Trial Skills Live]
Your Opening Statement is important for many reasons, not the least of which is the fact that this is your first impression with the jury. How you present yourself and your trial theory can have a tremendous impact on the outcome of the trial. Although we would like to believe otherwise, the jury will begin making private determinations of innocence or guilt from the very first moment the accused walks into the courtroom. Your ability to set the stage with your Opening Statement is therefore a very critical component in the trial.
1. Master Your Opening:
You have to know your opening statement cold. Reading from a script, perched behind the podium isn’t going to do it. This is your first impression and your first chance to connect with the jury. Let them know you're in control of the case. Keep a sheet with bullet points of your statement at the podium and refer to them if you need. But whatever you do, don't read your opening.
2. Personalize Your Client:
Whether you’re the attorney for the plaintiff or defendant, building your client’s reputation can be paramount. For example, in a criminal trial, it would be important to humanize the alleged criminal and to highlight the positive attributes from his or her personal and professional life. If the jury can connect with your client, they are more likely to sympathize with his or her position.
3. Courtroom Delivery:
Almost as important as what you say, is how you say it. It is important to use body language and voice inflection to emphasize your message. It's good practice to step away from the podium to connect with the jury. During the more critical moments of your Opening Statement, you need to make certain that the jury is fully engaged. Voice inflection and your positioning in the courtroom (e.g. proximity to the jury box) can help ensure they get the message.
4. The Burden of Proof:
Depending on the type of trial, you will be faced with a different burden of proof. Stated simply, the burden of proof is the obligation to shift the assumed conclusion away from an oppositional opinion to one's own position. In most criminal cases, the burden of proof is reasonable doubt. For the jury, this can be a very difficult concept to understand, but its understanding can be critical to your clients success. One effective method is the use of analogy to explain the threshold of reasonable doubt. Click here to watch a good example.
5. Paint the Picture:
Your opening statement should tell a story. You will need to start with a well-crafted trial theory. Your theory is an account of the facts and controlling law that lead to a favorable outcome.
6. Always request a specific verdict:
Nothing fancy about it, but it's often left out. Don't forget to ask the jury for a verdict.
Example:
At the end of this trial I ask you to submit a verdict of not guilty. Thank you.