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11 Trial Excellence 1 (1999)

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                Trial Excellence

                Volume 11, Number 1
                January, 1999




The Top 5 Ways to Supercharge Your

Opening Statement


   We all know how important the opening statement is. We've all read about
primacy. And we know that people tend to form opinions in the first minute or
SO.

   That means your opening statement must be lean and mean, without wasteful
fat. It must also be formulated to create a lasting impression. The following five
suggestions will help you do just that.


1. Keep it short

   Today, life is rapid. Visual and aural stimuli are intense and never ending. As a
result, attention spans are shrinking, along with patience. The modem juror
wants his information quickly.

   Follow Lincoln's timeless advice about how long a man's legs should be: Long
enough to reach the ground. Determine what it will take for your jury to under-
stand the basic story and your theory of the case, and then get to it.


                                2. Make it visual
  rleffighlngnts:
                                  Jurors also want their information
S..... 3vivid. Ours is no longer a primarily concep-
   A.  /tual culture. We are pounded, instead,
   MI;                          with images. So if you want your opening
                                statements to work, use visual words.

         OR;                    Spend time coming up with language that
                                evokes images, and avoid legalese.


Also, use demonstrative evidence at key