Grabbing Jurors Attention
During Opening Statement
by Elliott Wilcox
Before I tell you this story, there are two things you should know
about me: First, I don't watch American Idol or any other reality
TV shows. Second, I'm not a big opera fan. (I'm
not kidding. A few years ago, I took a date to the opera...
20 minutes into it, I fell asleep!)
With those two disclaimers in place, let me tell you about an email
that a colleague sent me, and the lesson I learned about the importance
of grabbing the jury's attention during opening statement.
The email was from a colleague in the National Speakers Association
who publishes a newsletter filled with various “rants” and
lots of good information about internet marketing and prosperity
consciousness. In this issue, he was ranting that people are too
complacent in their lives and that they're cheating themselves if they
don't indulge in some of the finer things in life. One of the
finer things in life that he said I had to enjoy immediately
was listening to a guy named “Paul Potts” sing.
 I had no idea who Paul Potts was, but my curiosity was piqued, so
I Googled his name and clicked on the first link that came up. The
link was for a YouTube video from Britain's Got Talent. It
depicts Paul as a quiet, unassuming, cell phone salesman, who wears an
ill-fitting suit and admits that he doesn't possess much
self-confidence. As he walked onto the stage, one of the judges
asked him, “What are you here for today, Paul?”
He sheepishly replied, “To sing opera.”
Keep in mind that this is the first round of a reality TV show and one of the judges on the show
is Simon Cowell.
(Even if you don't watch any reality TV shows, you've gotta know who Simon is...
He's the mean one.) As Simon tells him, “Ok, ready when you
are,” and the soundtrack starts to play, it seems obvious to me what's
about to happen. The
looks on the judge's faces and the audience's faces confirm what I'm
thinking: This poor guy is probably the world's worst singer, and he's
about to be humiliated on national television.
But then something amazing happens. He opens his
mouth and begins singing “Nessun Dorma” from Puccini's Turandot:
Nessun dorma, nessun dorma ...
Ma il mio mistero è chiuso in me,
Il nome mio nessun saprà, no, no...
[English translation: “No one sleeps, no one sleeps... But my
secret is hidden within me; My name no one shall know, no, no...”]
Keep in mind, I'm watching a YouTube video of a guy singing opera (ugh!) on a British reality TV show (double ugh!)
Knowing a little bit about my background, you can imagine that I'm probably ready to close the
browser. Instead, a huge smile is beaming across on my face, I'm
turning the volume on my computer to its loudest level, and I'm rooting
for this guy to win the entire competition. Moments earlier, I'd
thought this was a joke video, but now, as he reaches “All'alba vincerò!
Vincerò! VINCERÒ!” [“At daybreak, I shall conquer! I shall conquer!
I SHALL CONQUER!”] there's a lump in my throat and
a strange wetness accumulating around the edges of my eyes. (I
live in Florida, so it's probably the humidity... Or dust...
or something like that, right?)
But don't take my word for it. Take a break for a second and check out
http://www.youtube.com/watch?v=1k08yxu57NA to watch the video
yourself. When you're finished watching it, c'mon back.
Don't worry -- I'll wait for you.
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Welcome back! Pretty inspiring, wasn't it? But do you know what? I never would
have watched the entire video or passed it along to you if he hadn't
captured my attention with the first verse. If he hadn't been so
compelling in the first few seconds that he sang, I probably
would have turned it off.
The same principle applies to your jurors during opening statement...
No matter how amazing the
content of your statement may be, and no matter how important your case
may be, if you don't capture the jurors'
attention in the first moments of your opening, they may not pay full
attention (or any attention) to what you have to say.
You want to grab
their attention within the first 15-20 seconds and give them a
compelling reason to listen to your case. Don't squander this opportunity
by wasting their time telling them how a trial works, re-introducing
yourself, or thanking them for their time. During the entire trial, the jurors will never be more
interested in what you have to say than during these first few moments
of your opening statement. Yet how
many times have you heard attorneys waste the first moments of their
opening statement with empty phrases like these:
- “This is what we lawyers call an opening statement...”
- “I appreciate the time and the attention that I know you
will devote to this case today...”
- “Opening statement is our chance to tell you what the
evidence will show...”
- “Hi, my name is [Insert Name Here] and it's my honor to
represent [Insert Client Name Here]...”
- “An opening statement is like a roadmap...”
- “Jury service is an honorable tradition and I want to
thank you for taking time out of your busy schedules to serve on
this jury...”
- “Opening statement is my chance to show you how the pieces
of the puzzle fit together...”
- “What I say is not evidence...”
(Did any of these phrases sound familiar?)
Do any of those statements grab your attention? Do any of them
compel you to listen to the case? Do they persuade you
to find for their client? The last phrase in the list is the worst: “What I say is not evidence...”
Sheesh, why not just say, “Don't pay any attention to what I'm saying,
because what I say doesn't matter!”
On the video, Paul grabs your attention within 20 seconds of Simon
telling him, “Ok, ready when you are.” He leaves you with no
choice but to listen to the rest of the song. Could you imagine if
he'd wasted those first few moments by telling you about why he wanted
to sing opera, or how an opera is conducted, or thanking you for
listening to him? You would have shut off the video and done
something else. Instead, he basically said, “Pay attention!
This is gonna be worth listening to!”
You need to do the same thing in your opening statement. Your
jurors' minds are filled with a wide variety of competing thoughts, so
make no mistake about it: You are battling for their mind space.
If you don't give them a compelling reason to listen to you, something
else will occupy their thoughts. (Maybe even your
opponent's version of events). But if, instead, you make sure
that the first words out of your mouth say something significant,
you can be guaranteed that “Nessun Dorma Durante Il Tuo Apertura.”
[English translation: “Nobody sleeps during your opening.”]
[Editor's note: If you've already got your copy of
The Complete
Trial Lawyer Success System, turn to page 97 for 7
different ways to guarantee that the very first words of your opening
grab the jurors' attention and get them listening to you.]
WANT TO USE THIS ARTICLE IN YOUR EZINE, WEBSITE, OR BAR ASSOCIATION PUBLICATION?
You can, as long as you include the following blurb with it: Elliott Wilcox publishes Trial Tips Newsletter,
a free weekly e-zine for trial lawyers that reveals simple, effective, and persuasive techniques to help you win more trials, guaranteed. Sign up today for your free special report:
“How to Become the Best Trial Lawyer in Your Courthouse – The Top Ten Tips for Trial Lawyers,” at
www.TrialTheater.com
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