Category Archives: Opening statement

We know that in this world of headline reporting people draw instant impressions. Human resource people report they spend on average 15 seconds per resume so the opening lines had better be an attention getter. In the first few seconds of every encounter we are instantly evaluated. We are observed from head to toe by demeanor, body language and grooming. Within three seconds impressions are formed about us. When it involves advertising it is the headline that determines whether you keep reading or not. Research shows that four out of five people decide whether they will continue reading based upon the headline of the ad. The same rules apply in the court room. From the moment you are first seen these rules apply. So, when it comes to opening statement the opening is the most critical part of the process. You have the jury’s undivided attention for only a minute or two and what you say then determines how carefully they pay attention from then on. When Carl Bettinger of New Mexico spoke at the WSTLA seminar in Seattle Friday he talked about this and theneed to capture attention early in opening statement. Hegave some examples of first lines in literature. I thought it would be interesting to see what has been used as opening lines in literature. I found that by typing in Google "famous opening lines" a whole laundry list of sources was available. Here is my selection of what I consider attention grabbing and unique opening lines.

"There was a land of cavaliers and cotton fields called the Old South. Here in this pretty world, gallantry took its last bow…Look for it only in books, for it is no more than a dream remembered, a civilization gone with the wind." Gone with the wind

It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair. Charles Dickens, A Tale of Two Cities<(1859)

Somewhere in la Mancha, in a place whose name I do not care to remember, a gentleman lived not long ago, one of those who has a lance and ancient shield on a shelf and keeps a skinny nag and a greyhound for racing. Miguel de Cervantes, Don Quixote (1605; trans. Edith Grossman)

He was an old man who fished alone in a skiff in the Gulf Stream and he had gone eighty-four days now without taking a fish. Ernest Hemingway, The Old Man and the Sea (1952)

He was an inch, perhaps two, under six feet, powerfully built, and he advanced straight at you with a slight stoop of the shoulders, head forward, and a fixed from-under stare which made you think of a charging bull. Joseph Conrad, Lord Jim (1900)

When he was nearly thirteen, my brother Jem got his arm badly broken at the elbow.
To Kill a Mockingbird (1960), Harper Lee

Mother died today. Or, maybe, yesterday; I can’t be sure. The telegram from the Home says: Your mother passed away. Funeral tomorrow. Deep sympathy. Which leaves the matter doubtful; it could have been yesterday.The Stranger, The Outsider (1942; trans. Stuart Gilbert), Albert Camus

Once upon a time there were four little Rabbits, and their names were – Flopsy, Mopsy, Cotton-tail, and Peter.The Tale of Peter Rabbit(1902), Beatrix Potter

Mr. and Mrs. Dursley, of number four, Privet Drive, were proud to say that they were perfectly normal, thank you very much. They were the last people you’d expect to be involved in anything strange or mysterious, because they just didn’t hold with such nonsense. Harry Potter and the Philosopher’s Stone or Harry Potter and the Sorcerer’s Stone (1997), J.K. Rowling

Mr Sherlock Holmes, who was usually very late in the mornings, save upon those not infrequent occasions when he stayed up all night, was seated at the breakfast table.The Hound of the Baskervilles (1901-1902), Arthur Conan Doyle

It is this day three hundred and forty-eight years six months and nineteen days that the good people of Paris were awakened by a grand pealing from all the bells in the three districts of the Cite, the Universite, and the Ville.- Victor Hugo, The Hunchback of Notre-Dame

It was a bright cold day in April, and the clocks were striking thirteen. Winston Smith, his chin nuzzled into his breast in an effort to escape the vile wind, slipped quickly through the glass doors of Victory Mansions, though not quickly enough to prevent a swirl of gritty dust from entering along with him. George Orwell, 1984

Who’s there?- William Shakespeare, Hamlet Prince of Denmark

The year 1866 was signalized by a remarkable incident, a mysterious and inexplicable phenomenon, which doubtless no one has yet forgotten.- Jules Verne, Twenty Thousand Leagues Under the Sea

"I was not sorry when my brother died." by Tsitsi Dangarembga

"I write this sitting in the kitchen sink." I Capture the Castle by Dodie Smith:

When we think about opening statement we need to remember that a trial is a battle of impression and not logic. It isn’t who has the biggest pile of evidence that wins. It’s what compelling impression is made upon the jurors. Studies make it clear that we form almost every decisions at a "gut" level and then form a reason for doing so with our intellect. It’s the big picture that counts, more then the law and more thenlogic.

The first question is how we should present an opening statement? The answer is that it should be a story and not a chronological outline of facts. In effect, you need to make the jurors "eyewitnesses" to what happened. Presented as if it were happening now and the jurors are present. A well told story does not have lots of irrelevant detailsbut instead paints a very broad picturethat keeps our interest. Think of a ten word telegram as this story: "mom in labor, baby is in trouble, nurse ignores, doctor not to be found, baby born brain injured." Learn to eliminate irrelevant details, big words and boring information. Paint word pictures for the jurors.

From whose perspective should you start the story of the case? Studies demonstrate that is almost always best to start by starting with what the defendant did or didn’t do and not the plaintiff or the plaintiff’s damages.As tell the story aboutthe defendant’s conduct, you focus the jury attention. Human nature is such that they will mentally begin tofill in the blanks and complete a story that makes sense to them. In doing so,they will start by looking at what the defendant didin a critical light, looking for things the defendant should have done or should not have done and forming their own version of the story. Studies show that they will be skeptical of the conduct of the person you are focusing on so start with the defendant.

Be sure you cover the evidence that deals with the defenses. You must anticipate the known defenses in your opening statement and cover the reasons why the are invalid or put them in a lightas to inoculate the jurors in advance. Answer the questions in the juror’s minds: What are the issues here? Why are we here? What did the medical team do wrong? What should have been done? Use analogies like:"That’s like playing Russian roulette with this baby’s brain" or "The doctor is passing the buck"

It is always better to use visual aides during the opening statement which will help shorten, simplify and help understanding by the jury. This would include photographs of the scene, diagrams, the key documents in dispute and the like.

Don’t forget to talk about the damages and the money. Damages should be discussed in connection with each element of damages the law allows.Economic damages are the easiest to discuss at this stageand should be reviewed. As to non economic damages, the advantage of discussing a specific verdict at this stage is to prepare the jury for what they will hear during final argument and to look for evidence to support such a result. The disadvantage is the risk you may lose the juryby asking for an amount they are not prepared to consider before they have heard all the evidence or asking for an amount which the evidence does not support. It depends upon how strong the evidence will be in the case on liability and damages. However, the opening statement should include references to non economic damages even if in generalities like "substantial amounts."

You should try to close with a strong ending which means compelling evidence or evidence with emotional impact. Using a theme, impact words and verbal as well as nonverbal communications increases your chance of doing so.In the end, a good opening statement is simply a well told story that keeps interest and has an emotional impact.