Question 1 of 10

Think back to your last trial.  Remember that moment when the judge asked if you would like to present an opening statement?  You rose from your seat, acknowledged the judge, and walked to your “power position” directly before the jury in the center of the jury box. 

What was the first thing you said once you got there?

ANSWER:  The jurors will never be more interested in what you have to say than during these first few moments.  That's why it's essential that you grab the jury's attention with a quotation, theme, or some other type of attention grabbing device.

There's no need to introduce yourself or your client during opening statement, because the jurors have already been introduced to you during jury selection.  Don't squander these initial moments on anything that won't help you persuade the jurors to start cheering for your team.  You're competing for the juror's “mind space,” so it's essential to grab their attention within the first 15 seconds of your opening.  Next time, use an attention grabbing technique during the initial moments of your opening.

Technically you're right, because opening statement is your chance to tell the jurors what the evidence will show.  But describing what an opening statement is doesn't do anything to help persuade the jurors to start cheering for your team.  You're competing for the juror's “mind space,” so it's essential to grab their attention within the first 15 seconds of your opening and give them a reason to listen to what you're saying.   Next time, use an attention grabbing technique during the initial moments of your opening.

Thanking the jurors for their service is a nice gesture, but it doesn't do anything to help jurors start cheering for your team.  You're competing for the juror's “mind space,” so it's essential to grab their attention within the first 15 seconds of your opening and give them a reason to listen to what you're saying.   Next time, use an attention grabbing technique during the initial moments of your opening.

You understand the power of Primacy and why it's essential to grab the jury's attention within the first 15 seconds of your opening! You know that you want to help jurors start cheering for your team, and that's why you grab their attention within the first 15 seconds of your opening and give them a reason to listen to what you're saying.

Question 2 of 10

Did you show the jury any photos, maps, exhibits, or other visual aids?

ANSWER: If possible, use visual aids to help your jurors remember essential details.

Good!  Adding visual aids to your opening statement helps the jurors “see” what happened to your client.  When you refer back to these exhibits during the trial, the jurors will already have a visual “placemarker” in their minds to help them remember essential elements about your case.

Consider adding a visual aid to your opening statement.  You could use a photo of the scene, a map of the surrounding area, or any other type of visual aid that will help your jurors “see” what happened to your client.  As an added bonus, when you refer back to these exhibits during the trial, the jurors will already have a visual “placemarker” in their minds to help them remember essential elements about your case.

Question 3 of 10

What did you have in your hands or in your pockets while presenting your opening?

ANSWER:  Nothing.

You know how important it is to avoid doing anything that distracts the jurors from listening to your message.  By leaving all of those items in your briefcase or back at your desk, you know the jurors will focus on what you're saying rather than any noisemakers or visual distractions.

Were you going to take notes during your opening?   (“Wow, that's a really good point -- I'll have to remember it!”)  :-)  You want to avoid doing anything that prevents the jurors from listening to your message, so leave all of those items in your briefcase or back at your desk, where they won't distract the jurors.

Were you going to buy a soda or a candy bar during your opening?  :-)  You want to avoid doing anything that prevents the jurors from listening to your message, so leave all of those items in your briefcase or back at your desk, where they won't distract the jurors.

Were you planning on escaping and driving away midway through your opening?  :-)  You want to avoid doing anything that prevents the jurors from listening to your message, so leave all of those items in your briefcase or back at your desk, where they won't distract the jurors.

Question 4 of 10

Did you use any notes during your opening statement?

ANSWER: “No notes is good notes!”  :-)

The more eye contact  you can make with your jurors, the more persuasive you can be.  Unfortunately, the more notes you use during your opening statement, the less eye contact you'll make with your jury.  By reducing or eliminating your dependence upon your notes, you will make a more personal connection with the jury, and your opening statements will become more dynamic and persuasive.

By not using any notes, you didn't have any obstacles between you and your jurors, so you were able to make more eye contact with them.  The more eye contact you make with the jury, the more personal the connection you make with them, and the more persuasive you become. 

Question 5 of 10

When did you disclose your case weaknesses during the opening statement?

ANSWER: The best place to disclose your case weaknesses is in the middle of your opening.

Disclosing the major weaknesses in your case is important, because it helps jurors see you as the guide who they can trust to lead them through the evidence.  When you don't disclose the major weaknesses in your case, your opponent gets the opportunity to highlight them and magnify them out of proportion.  By disclosing your major weaknesses, you steal your opponent's thunder and show the jurors, “Despite this weakness in our case, here's why we still deserve to win.”  Make sure you position the disclosure towards the middle of your opening, so you can take advantage of the theories of “primacy” and “recency.” 

By disclosing the major weaknesses in your case at the very beginning of your opening, you're not taking advantage of the theory of “primacy.”  The good news is that you're already disclosing your case weaknesses during opening statements.  You know that if you don't, your opponent will highlight the weaknesses and magnify them out of proportion.  By admitting your weaknesses, you help the jurors see you as the guide who they can trust to lead them through the evidence.  Essentially, disclosing your major weaknesses steals your opponent's thunder and shows the jurors, “Despite this weakness in our case, here's why we still deserve to win.”  In the future, rather than disclosing your weaknesses at the very beginning of your opening statement, take advantage of “primacy”  and “recency” theories by disclosing the weaknesses later in your opening, after you've given the jurors a compelling reason why your client deserves to win.

Good!  You understand how to take advantage of the theories of “primacy” and “recency.”  By disclosing the major weaknesses in your case, you help jurors see you as the guide who they can trust to lead them through the evidence.  These admissions let you steal your opponent's thunder so you can show the jurors, “Despite this weakness in our case, here's why we still deserve to win.”

By disclosing the major weaknesses in your case at the end of your opening, you're not taking advantage of the theory of “recency.”  The good news is that you're already disclosing your case weaknesses during opening statements.  You know that if you don't, your opponent will highlight the weaknesses and magnify them out of proportion.  By admitting your weaknesses, you help the jurors see you as the guide who they can trust to lead them through the evidence.  Essentially, disclosing your major weaknesses steals your opponent's thunder and shows the jurors, “Despite this weakness in our case, here's why we still deserve to win.”  In the future, rather than disclosing your weaknesses at the end of your opening statement, take advantage of “primacy”  and “recency” theories by disclosing the weaknesses earlier in your opening, after you've given the jurors a compelling reason why your client deserves to win.

Question 6 of 10

Where did you stand while presenting your opening statement?

ANSWER:  Out in front of the lectern, directly in front of the jurors.

Unless your judge shackles you to the lectern, get out in front of the jury and speak from your “power position,” directly in the center of the jury box and about 6 feet back from the jury rail.  This is the most persuasive position you can speak from, because it allows you to make better eye contact with the jury, eliminates the barrier between you and the jurors, and lets you bring the story to life through physical movement.

Unless your judge shackles you to the lectern, get out in front of the jury and speak from your “power position,” directly in the center of the jury box and about 6 feet back from the jury rail.  This is the most persuasive position you can speak from, because it allows you to make better eye contact with the jury, eliminates the barrier between you and the jurors, and lets you bring the story to life through physical movement.

Good job!  Unless your judge shackles you to the lectern, you know how important it is to get out in front of the jury and speak from your “power position,” directly in the center of the jury box and about 6 feet back from the jury rail.  Speaking from this position helps you become more persuasive, because it allows you to make better eye contact with the jury, eliminates the barrier between you and the jurors, and lets you bring the story to life through physical movement.

It's good that you're getting out in front of the lectern, but be careful that your pacing doesn't distract the jury.  You don't want to do anything that prevents the jurors from listening to your story.  For best results, you'll want to speak from your “power position,” directly in the center of the jury box and about 6 feet back from the jury rail.  This is the most persuasive position you can speak from, because it allows you to make better eye contact with the jury, eliminates the barrier between you and the jurors, and lets you bring the story to life through physical movement.

Question 7 of 10

Did your opponent successfully object to anything you said during your opening?

ANSWER: Rarely, if ever, should your opponent be able to successfully object to your opening.

Of course, you know that you can't always prevent your opponent from improperly objecting, but rarely, if ever, should those objections be sustained.  You have plenty of time before trial to script out your opening statement so that it will conform with the rules of evidence and trial procedure.  As you prepare your next opening, consider making an extra effort to “play it safe” so that your opponent won't even think about objecting.  This will free you to tell the most persuasive story possible, confident in the knowledge that the spell you're weaving with the jury won't be broken by your opponent's objections.

Of course, you know that you can't always prevent your opponent from improperly objecting, but rarely, if ever, should those objections be sustained.  Obviously, you spent your time before trial preparing your opening statement so that it conformed to the rules of evidence and trial procedure.  As you prepare your next opening, consider making an extra effort to “play it safe” so that your opponent won't even think about objecting.  This will free you to tell the most persuasive story possible, confident in the knowledge that the spell you're weaving with the jury won't be broken by your opponent's objections.

Question 8 of 10

Did you purposely vary your volume, pitch, and delivery speed?

ANSWER: Vocal variety is essential to a powerful opening statement.

Good!  You understand that it's not just what you say, but how you say it.  No matter how powerful your words look on the written page, when they're delivered in a monotone, the jurors will zone out and stop paying attention.  By purposely varying your volume, pitch, and delivery speed at the appropriate times, you keep the jurors interested in what you're saying, which makes it easier for them to understand why your client deserves to win.

It's not just what you say, but how you say it.  No matter how powerful your words look on the written page, when they're delivered in a monotone, the jurors will zone out and stop paying attention.  By purposely varying your volume, pitch, and delivery speed at the appropriate times, you will keep the jurors interested in what you're saying, which will make it easier for them to understand why your client deserves to win.

Question 9 of 10

What verb tense did you use to tell your opening statement?

ANSWER: Bring your client's story to life by delivering your opening in the present tense.

One of your goals during opening statement is to help jurors see everything from your client's point of view, because it helps them understand why your client deserves to win.  One of the most effective ways to do that is by bringing your client's story to life and making it feel like the events are happening right now!  Next time, tell your opening statement in the present tense, and see how it adds more impact to your story.

Fantastic!  By telling the story in the present tense, you're bringing your client's story to life and making it feel like the events are happening right now!  This helps jurors see everything from your client's point of view, and helps them understand why your client deserves to win.

Question 10 of 10

Did you conclude your opening statement with a strong call to action?

ANSWER: Always finish with a strong call to action.

Which call to action did you use?  Did you use a powerful exit line?  Revisit your theme?  Plant a question in the jurors' heads?  Regardless of which technique you used, you understand the importance of following George Costanza's advice from Seinfeld, and exit on a high note.  By using a strong call to action, you ensure that you finish your opening statement as powerfully as you started.  Since jurors best remember the beginning and the ending of your opening statement, they're going to be impressed with your performance.

You need to follow George Costanza's advice from Seinfeld, and exit on a high note.  By using a strong call to action, you'll ensure that you finish your opening statements as powerfully as you start.  Next time, consider creating a powerful exit line, revisiting your theme, or planting a question in the jurors' heads.  Since jurors best remember the beginning and the ending of your opening statements, they're going to be impressed with your performance.  

Regardless of your skill level, you can always benefit from additional opening statement tips. If you're interested in taking your skills to the next level, I'd like to send you these free special reports to immediately help you improve your courtroom skills:

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