I came across a well written article comparing the opening statements from both the criminal and civil case that I want to share. Elliott Wilcox publishes Trial Tips Newsletter. Sign up today for your free subscription and a copy of his special reports: “How to Successfully Make & Meet Objections” and“The Ten Critical Mistakes Trial Lawyers Make (and how to avoid them)” at www.TrialTheater.com.
Opening Statement Trial Advocacy Articles
Punch Your Jurors in the
Mouth During Opening Statement
by Elliott Wilcox
For trial lawyers, the first 30 seconds of your opening statement may be the most important time during your entire jury trial, because the is the time when the jurors are most willing to listen to you. Unfortunately, this may be the only time that you'll have the jury's complete and undivided attention. If you squander the first 30 seconds of your opening statement, you're wasting the most valuable time in your entire jury trial. In this trial advocacy article, you'll learn some valuable tips for getting the most out of your opening statement and how to make your opening more persuasive.
Whether you like it or not, jurors will judge you based upon their first impressions. Your first impression determines whether the jurors will listen to you, how much they’ll like you, and whether or not they’ll find you credible. A bad first impression isn’t necessarily set in stone, but it will take a tremendous amount of effort to overcome their initial “gut reactions,” so that means a negative first impression can taint every other interaction you’ll have with jurors.
So, if first impressions are so important, why do so many attorneys present such lousy first impressions during opening statement?!? Think about the last 10 opening statements you heard. Out of those openings, how many times did you hear the lawyer take advantage of the power of “primacy” to create a powerful first impression? Probably not many, right? In most cases, attorneys completelywaste the first moments of their opening statements.
