1. Oral Advocacy Capacitación en Apoyo al Proceso de Juicios Orales
Phoenix, Arizona
22-26 Feb 2010
Arizona Department of Justice
Procuraduría General de Justicia del Estado de Arizona
CWAG U.S.-Mexico Alliance Partnership
Alianza Estatal México-EE.UU. de la CWAG

2. John M. Haroldson Suarez Benton County District Attorney
OPENING STATEMENT
John M. Haroldson Suarez
Benton County District Attorney

3. OPENING STATEMENT
Outline or summary of nature of case and of anticipated proof presented by counsel to [judges] at start of trial, before any evidence is submitted. Its purpose is to advise the [judges] of facts relied upon and of issues involved, and to give [judges] a general picture of the facts and the situations so that judges will be able to understand the evidence.
-Black’s Law Dictionary

4. FIRST IMPRESSION: “Create fama y ponte a dormir”
80% of jurors vote how they feel after opening statements.
First opportunity to tell judges what your case is all about. Will judges understand what the case is about, that justice is on your side, and want to find in your favor?
Rule of “primacy.” During the first minute of your opening statement, listeners are at their most receptive stage.

5. FIVE KEYS TO AN EFFECTIVE OPENING STATEMENT
Know your audience
Know your purpose
Know your case
Know your theme
Deliver your message

6. KNOW YOU AUDIENCE
The more you know about your judges the better able you will be to tailor your opening statement for maximum impact.
Look for commonalities.
Look for common values.

7. KNOW YOUR PURPOSE
EVERYTHING YOU DO AND SAY SHOULD HAVE A PURPOSE RELATED TO YOUR CASE OBJECTIVE.
ELIMINATE DISTRACTIONS
REMAIN FOCUSED

8. KNOW YOUR CASE
Being fluent in with the details of the case underscores the integrity of your message.
Know all names, addresses, times, and dates.
Know all facts and complex terms.
Do not read your opening statement.
Never send the message that you are not prepared or unfamiliar with the case.

9. OPENING STATEMENT
CASE THEORY
AND
COMMUNICATION THEORY

10. Theme Values-based Theme Fact Capsule or Descriptive Phrase
Sound byte for the jury to adopt and remember and hold on to
What is the theme that you want the jury to buy into
Tie your whole case to your theme –

11. KNOW YOUR THEME Factual Theory + Legal Theory = Case Theory.
Identify motivating theme based on human values.
Incorporate theme and persuasive words into your opening statement.

12. + -

13. OPENING STATEMENT STRUCTURE
Strong Attention Step
Persuasive Facts
Strong Exit Line

14. OPENING STATEMENT COMMUNICATION THEORY
KNOW YOUR PURPOSE
AVOID VERBAL DISTRACTIONS
AVOID NON-VERBAL
DISTRACTIONS
AVOID A STERILE MESSAGE.

15. Distinct Faster Pause Slower Detail Emphasis Slower Pause Descriptive
Effective Speakers Make Voices Work
Distinct Faster Pause Slower Detail
Emphasis Slower Pause Descriptive
Emphasis Lower
(STOP MOVE START)
Faster Higher Emphasis Slower

17. John M. Haroldson Benton County District Attorney 120 NW 4th Street Corvallis, Oregon (541)

18. Oral Advocacy Capacitación en Apoyo al Proceso de Juicios Orales
Phoenix, Arizona
22-26 Feb 2010
Arizona Department of Justice
Procuraduría General de Justicia del Estado de Arizona
CWAG U.S.-Mexico Alliance Partnership
Alianza Estatal México-EE.UU. de la CWAG