The Trial Practice Tips Weblog

Seven Tips for Opening Statement

From the New York Law Journal: "Opening to Win: Seven tips for delivering an effective opening statement," by David R. Marriott and Richard Sullivan--

While the opening statement occupies a small portion of most trials, it is difficult to overstate its importance in a jury trial. Done well, a lawyer's opening statement can shape the way jurors receive the evidence and create a lasting positive impression. Done poorly, an opening statement can put counsel at an early disadvantage from which it may be difficult to recover. Although there is no single formula for every case, this article outlines seven tips for delivering a winning opening statement.

In the full article, the authors make the following recommendations:

• Recognize the importance of opening statement;
• Argue without being argumentative;
• Tell your story;
• Focus on your key facts;
• Account for the bad facts;
• Use demonstrative and visual aids; and
• Communicate with conviction.

For details, read the full article. For other tips, see this weblog's opening statement category.

Depositions: Five Pointless Questions

From Michael P. Maslanka at Work Matters: "Five pointless questions to ask in a deposition," which concludes--

Once upon a time, I anguished over every answer to every pointless question. No more. A judge or a jury looks at a case from a 30,000 foot perspective. It is not about the trees; it is about the forest. It is not about the minutiae; it is about the broad narrative. So, take a breather.

A nice sentiment! See the full post for the pointless questions, about which Maslanka confesses, "I have sinned as to each."

During a Trial: What's Important and What's Not?

From the Wisconsin Law Journal: "Trial Techniques: What lawyers should (and shouldn’t) worry about in the courtroom," by Alexandra Rudolph--

As the owner of a Chicago jury research firm, I’ve seen a number of lawyers make the same mistakes and misjudgments countless times over the years.

In my experience, attorneys spend too much time worrying about things they can’t control, such as opinions expressed during jury selection, and too little time considering how their trial team appears to the court or what a judge might find most helpful.

Rudolph goes on to list "things to stop worrying about," with explanation--

• Whether jurors will be turned off by use of technology;
• How the jury will react to a witness who seems to have been prepared to testify by a lawyer;
• Whether comments made during jury selection have tainted the jury;
• How a jury will respond to an expert who makes small admissions that seem to bolster the other side's case.

What's really worth worrying about? According to Rudolph--

• Technology misfires;
• A disjointed trial team;
• Whether you have sufficiently educated the judge;
• Whether you have clearly communicated with the jury throughout the trial.

You can read Rudolph's full article, with its explanatory text, at the link.