““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

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

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

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

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?

Opening Statements Structure Hook (Moral Theme) 12/2/2018 Opening Statements Structure Hook (Moral Theme) Story (Facts, facts & more facts) Foreshadowing (Law, law and law) (What You Want/What Law Demands)

Case Analysis: The Rule of Threes 12/2/2018 Case Analysis: The Rule of Threes Opening Statement Case-in-Chief Closing Argument Witnesses P D E1 E2 E3 E4 Judge Motions Instructions Moral Theme (Why) Factual Theory (What) Legal Theory (How) Moral Theme (hook) Factual Theory (evidence) Legal Theory (law)

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

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

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

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

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

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

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

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

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.

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

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

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

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.