BUILDING BLOCK # 10

OPENING STATEMENTS

At the end of the course you should be able to perform the following with regards to opening statements:

1. Organize the opening statement around the principles of PRIMACY and RECENCY, i.e. starting with a concise statement of your theory of the case and ending on a high note.

2. Start the opening statement with a THEME, i.e. a bumper sticker that captures the essence of your case theory.

3. Tell a STORY of what happened in the case organized in such a way that it is:

· Short

· Simple

· Understandable

· Uses head notes, rhetorical questions and conclusory sentences to signal changes in topics

· Arranged around your theory of the case

· Begins with a theme sentenceBa bumper stickerBcapturing the essence of your case theory

· Puts the listener at the time and place

· Explains motives, psychological states, beliefs and feelings

· Avoids excessive use of AThe evidence will show . . . .@

· Anticipates the other side=s case

· Paints with a broad brush avoiding detail except on those points in dispute where credibility is at issue

· Avoids overstatement

· Incorporates exhibits and demonstrative aids where appropriate

· Avoids discussing damages, but not injuries

· Uses impact words and phrases; avoids legalese and tentative language

4. Use an interesting and dynamic STYLE by:

· Not reading your opening statement or relying excessively on notes

· Preparing and rehearsing

· Being in the moment, projecting belief

· Maintaining eye contact

· Moving for a purpose

· Using appropriate gestures

· Being dynamic by projecting energy, varying tone, pace and volume, using pauses

· Avoiding distracting mannerisms

5. Avoid ARGUMENT