Conducting a proper Voir Dire and giving a properly presented strong Opening Statement are two good ways to set a favorable tone and win your case early.

First be polite and be yourself.  Jurors can read a phony from a mile away.  By the same token, being the attorney in the courtroom who comes across as the most likeable, honest and credible will give you a huge advantage.

Next, remember the "2 minute" drill.  What do I mean by this?  Well, the initial impression of a story or set of facts is critical,  It’s always important to tell your story and capture the jury’s attention within the first 2 minutes of your opening.

More than one study has shown that people’s opinions about various issues are decided within the first couple of minutes of discussion.  As such, it’s important to make sure you make your point at the beginning of your opening statement.

During your opening, you also need to make sure that you tell the jury what you’re going to say or show them during the trial.  During trial, you then need to say, do and show the jury what you promised them in your opening.  In your closing, you will remind the jury what you said and what you showed them during the trial.

This builds consistency, familiarity and gives you validity.  It’s important to keep this process in mind throughout the entire trial.

Don’t make express or implied promises during opening that you can’t keep.  Jurors will remember your promise and take it personally if you break that promise, even if it wasn’t your fault.

For example, in a case where you have a group of people who observed the defendant run a red light, rather than say "Bob Smith is going to come in to court and testify that he saw Mrs. Smith run the red light", it might be better to say something like, "A witnesses will come into court and testify that Mrs. Smith ran the red light."  A subtle difference to an important promise.  This gives you some level of flexibility should "Bob Smith" leave the country without notice to you.  Another witness can be brought in to provide the same or similar testimony.  You’ve avoided the appearance of not keeping your promise to the jury.

I read long ago about well know attorney Philip Corboy’s four things to NEVER DO during and opening statement.  They read as follows:

NEVER read your opening statement;

NEVER tell the jury that your opening statement is not evidence;

NEVER drink water from in front of the jury (we talked about this in an earlier post- juror’s can’t drink water so why should you be able to?);

NEVER stand immediately in front of the jury.  Stand back and give them their space.  Four good points worth thinking about and remembering.

Also think twice before objecting to the other side’s opening statement.  Most jurors will think you are impolite.  Bottom line, don’t risk it if you don’t have to.

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