Opening Statements

Bases to create an opening statement

An opening statement is a key part of any trial in which you will present yourself and explain your objective for being there. The key elements in an opening statement are as follows.

• Theme of the Case - A theme that will serve as a framework for every piece of evidence the jury hears during the case. The theme should communicate how the evidence will fit together, and why your client’s position in the case is the right one.

Example: A lawyer defending a discrimination at work case may have a theme of “unheeded warnings” to communicate that the plaintiff had a chance to improve their performance before termination, but failed to take advantage of the opportunity.

• Don’t Waste Time Getting to the Theme - The first impression should be more compelling. Be ready to begin your opening as soon as the moment arrives. Stand up quickly and start speaking with confidence, demonstrating immediately that you are prepared and sure of what you’re saying. Tell the jury something interesting in your first few sentences, and then return to the more mundane tasks of introductions and thanks.

Example: The defendant had a contract with Smith Corporation. He promised that, in exchange for three years of employment at a substantial salary, he would not take Smith’s customers and employees when his employment ended. The defendant has broken this promise. When his employment with Smith Corporation ended last December, the defendant stole five clients and three employees, and caused Smith Corporation to lose $10 million in business. That is why we are here today. Ladies and gentlemen, my name is John Jackson. Together with my co-counsel Sue Jones, I represent Smith Corporation. Sitting with us at the plaintiff’s table is Robert Smith, the President of Smith Corporation. In this trial, we ask you to hold the defendant responsible for his wrongful acts.

• Personalize Your Client - Use the opening as an opportunity to persuade the jury to like your client. Explain your client’s motivations, and give the jury reasons to feel camaraderie with your client. If you represent an individual plaintiff, convince the jury of your client’s integrity, and persuade them that your client is not just out to make an easy buck; rather, your client suffered real harm. Obviously, a lawyer representing an individual against a corporation may have an easier job personalizing the client, but a management-side lawyer can personalize their client as well, and the need to do so cannot be underestimated.