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.
Recognize Its Importance
Crafting a convincing opening statement begins with appreciating its importance. Because the opening statement occupies a small portion of most trials and what counsel says is not evidence, the opening statement can be given short shrift. Some lawyers relegate preparing their opening statement to the nights immediately before trial, in between prepping witnesses and finalizing cross-examination outlines, as exemplified by Vincent Gambini’s opening in the movie My Cousin Vinny: “Uh…everything that guy just said is bullsh*t. Thank you.”
