Comments on: Punch Your Jurors in the Mouth!

By: Craig

Craig — Sun, 30 Aug 2009 08:57:56 +0000

Hey Elliot!

I love to grab jury attention. These days, I try to begin each opening with this:

We’re here today because. . .

and, since I’m a prosecutor, I then add the gist of the crime the defendant committed.

. . . the defendant fired a gun at Jennifer and David and tried to kill them.

. . . the defendant threatened to kill more than 60 tellers and customers, when he brought his gun into 10 different banks and stole more than $125,000.”

. . . the defendant carried an assault rifle down the street while wearing his crips gang colors and hollering “crips kill, crips kill.”

then. . .

“. . . that’s why were here today. But let me tell you the whole story on January 29, 2009, [the critical facts are laid out].”

I do think this is an immediately call to attention. I like to think about the best movies or books out there, particularly in our media based culture. In the best works, within the first 1-3 minutes, you learn of the conflict, a question gets presented to you the viewer/reader, and you already seek some resolution in your mind.

I try to replicate that. . . and try to answer the question honestly — the jurors, after all, really want to know: What the hell am I doing here?

cek.

By: Bob Fenster

Bob Fenster — Sat, 21 Mar 2009 23:36:05 +0000

I’m not an attorney — just a Mock Trial coach — but I find your newsletter very useful. I’m pleased to see that I’ve been coaching my students for the last several years to do skip the annoying formalities and cut right to the chase. I think it’s particularly important as defense counsel. What a contrast from the minute long, boring opening of the plaintiff/prosecution to just get right to it.

Although I’ve been coaching my kids to do this, your explanation is terrific (great idea to contrast the OJ cases) and I’ll be using this essay for years!

By: Jim Ferguson

Jim Ferguson — Fri, 20 Mar 2009 21:22:07 +0000

Excellent advice! I truly enjoy your insights. Please continue.

By: Juan F. Hernandez

Juan F. Hernandez — Fri, 20 Mar 2009 12:52:48 +0000

I like the articles and find them helpful for the following reasons:
1) Not all of us have the gift of gab, some of us are down to earth and not very conversational, quiet or shy. However, these articles continue to reminds us that communication is common sense. Before you move people to action, you need to grab their attention, you need to tell them your story and you need to tell them what you want. Simple as that, I have added quotes, stories, etc. I am not a fire side chat lawyer, so it is unnatural for me, so many years ago, I keep it very simple, grab their attention, tell them your story and what you want, admit the weakness, offset those with the strengths of your case, and do not make out your client to be anyone he is not. Then tell them what you want and show them why..