Opening statement

Why Should You Win This Jury Trial?

Whenever an attorney asks me to help them with their opening statement, I usually ask them a series of questions to help assess the true value of their case: Question #1: “What do you like about your case?” It sounds like a silly question, but it’s actually quite important. The more time you invest in your case, the more weaknesses you start seeing in your case. That’s an invaluable asset for realistically evaluating your case, but unfortunately, it often leads to tunnel vision. Some lawyers...

The Proper Use of Notes During Jury Trials

Posted by Elliott Wilcox

How many notes do you use during trial? It’s a delicate balancing act. Too few notes, and you run the risk of forgetting to address an important element of your case. Too many notes, and you risk sounding scripted. Here are a couple of quick tips for improving your use of notes during trial. When Speaking Directly to the Jury The importance of eye contact in the courtroom can’t be overstated. The visible (sometimes barely visible) reactions of your jurors can help you decide...

The “Best” Closing Argument?

Posted by Elliott Wilcox

How do you structure your closing arguments? If you’re like many attorneys, you probably take advantage of primacy to start strong and tell the jurors how strong your case is and show them why you deserve to win. Normally, that’s exactly how I coach law students and trial lawyers to structure their closings. “Start strong,” I’ll say, “disclose your weaknesses in the middle, and then finish strong.” But… That’s not necessarily the “best” way to...

Conceding the Obvious

Posted by Elliott Wilcox

It was a great opening statement… Within the first 15 seconds, it was obvious that the jurors were hooked. They leaned forward in their seats, eager to hear every detail as the prosecutor weaved a gripping story and brought the shooting to life right there inside the courtroom. As he described each gunshot striking the victim, you could see the jurors wincing in reaction. It was as if the young man was being shot again, right before their very eyes: first in the chest, then ...