1. ““Pause awhile, And let my counsel sway you in this case.”
12/2/2018
Opening Statements
““Pause awhile, And let my counsel sway you in this case.”
William Shakespeare, Much Ado About Nothing, Act 4, scene 1

2. Good Opening Statements….
Tell the story
Preview the Law
Ask the jury to right a wrong

3. During Openings We introduce our case Jury is at peak attention
12/2/2018
During Openings
We introduce our case
Jury is at peak attention
Jurors develop factual focus

4. How to Prepare the Opening Statement
12/2/2018
How to Prepare the Opening Statement
Case Analysis
Legal Theory
Factual Theory
Moral Theme
Relevancy is your filter

5. Establishing Relevancy: The 3 Question Test
12/2/2018
Establishing Relevancy: The 3 Question Test
Is it fact that will be remembered?
Will it assist in setting the scene?
Will it assist in understanding issues?

6. Opening Statements Structure Hook (Moral Theme)
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Opening Statements
Structure
Hook (Moral Theme)
Story (Facts, facts & more facts)
Foreshadowing (Law, law and law)
(What You Want/What Law Demands)

7. Case Analysis: The Rule of Threes
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Case Analysis: The Rule of Threes
Opening Statement
Case-in-Chief
Closing Argument
Witnesses
P D
E E2
E E4
Judge
Motions
Instructions
Moral Theme
(Why)
Factual Theory
(What)
Legal Theory
(How)
Moral Theme
(hook)
Factual Theory
(evidence)
Legal Theory
(law)

8. Seven Steps to a Superior Opening Statement:
Use primacy and recency
Tell the story
Create structure
Focus the jury
Use appropriate tone & pace
Preview the law
Set the hook for closing arguments

9. Proper Openings: Tell the story Facts, facts, facts Use present tense
Make the juror experience the event
Preview the law
Set the moral hook

10. Beginning the Opening:
Acknowledge the court
Assume the position
Breathe
Eye Contact
Let the jury give you permission to begin
Catch their attention immediately:
Grabber
One-Liner
Storytelling

11. 12/2/2018
Physicality
Body Language
Eye Contact
Move with a Purpose

12. Use Appropriate Language:
Present tense
Clear
Concise
Dynamic
Positive
Tone of voice
Modulation 

13. Power of Language Short, Concise words Picture Words Create Images
Eliminate Unnecessary Words, Doublespeak
Lose the Clichés and Clutter
Use Language Forms that Enhance Retention

14. Short, Concise Words car v. vehicle After v. subsequent
Before v. prior
Said v. indicate
see v. observe
Buy v. acquire

15. Short, Concise Words
live v. reside Go v. proceed ask v. inquire Find v. locate Place v. premises Help v. assist

16. Picture Words
Objective consideration of contemporary phenomenon compels the conclusion that success or failure in competitive activity exhibits no tendency to be commensurate with innate capacity, but that a considerable element of the unpredictable must invariably be taken into account.

17. Creating Images
I returned and saw under the sun that the race is not to the swift, nor the battle to the strong, nor yet bread to the wise, nor yet riches to men of understanding, nor yet favor to men of skill; but that time and chance happens to them all –
Ecclesiastes 9:11

18. Eliminate Unnecessary Words, Doublespeak
Uncontrolled contact with the ground
airplane crash
diagnostic misadventure
Malpractice
terminal living
dying

19. Eliminate Unnecessary Words, Doublespeak
Negative patient care outcome
patient died
Extra-pair copulation
Adultery
non-decision making status
unconscious

20. Use Language to Enhance Retention
Repetition – Comes from our oral storytelling tradition.
Parallelism – Take facts that are logically parallel and place them alongside each other to show their relationship, connection or contrast.
Rule of Threes – Communicate ideas in groups of three, creating a sense of completeness and significance.