The first 2 minutes of your opening statement can make or break your case. Most lawyers go about the start of their opening the wrong way.
They begin by introducing themselves to the jury and then proceed to explain what an opening statement is and how a trial works. They tell the jury that everything they say is not evidence.
Don’t do this.
There’s a better way. Rather than start with the above, I recommend you instead jump right into your client’s story. Take your jury back in time and in 2-3 minutes, share a snapshot of the facts with them described in the present tense and referencing sight, sound, taste, touch and/or smell. Use a powerful metaphor to compliment your case theme whenever possible.
Now, in all fairness, I need to disclose that I’m getting ready for back to back trials and shot this video rather quickly. In fact, I’m a bit embarrassed about how bad my “good” opening statement is. Despite these feelings, my partner convinced me that it makes the point I’m trying to emphasize and so here you go…
FYI, here’s a link to my “tap” and “transport” video I referenced above…
Brian- Glad you found the "trial tip" useful. As you point out, each court and department have different rules about how you can refer to your client. Even in these departments I often find myself, at some point in the trial, inadvertently using a client's first name. It's just a natural way of communicating and I think a jury, judge and opposing counsel all know that. As a fellow trial lawyer, you already know that it's all about "deflecting and reflecting" and doing what needs to be done to make your point and win over your jury.
That first opening statement was a big yawner. Great example of what not to do. Second example was clearly better. Great tips that are similar to David Ball on Damages. Did you know Orange County has a local rule that prohibits using your client's or witness' first names? I wonder how often judges enforce this rule.