Whether and how you discuss damages in your opening statement and closing argument is a strategic consideration. A plaintiff discussing damages in the opening may turn jurors off, but not doing so can be a tactical mistake. Defendants usually want to steer clear of damages in the opening if possible. And both sides should discuss damages in the closing, but maybe in a different order. Continue reading
Your objective is to determine how and when to present each witness, exhibit, and other item of evidence most persuasively during trial. The key to meeting this objective is breaking it down into these four steps. Continue reading
The most important concept to remember in organizing your statements to the jury, whether during opening statement or closing argument, is the “rule of primacy”: Jurors tend to believe what they hear first and most frequently. Continue reading
Jurors have been bombarded with information about “body language.” This information is joined by common folklore about tell-tale signs of falsehood. Here are five things to practice with your witnesses to keep their body language consistent with their truthful testimony.
Filed under: Civil Litigation, Criminal Law, Litigation Strategy, Trial Strategy | Tagged: body language, direct examination, jury, Jury trial, trial, trial attorney, witness, witness preparation | Leave a comment »
There are few oral presentations given today that don’t make use of visual aids. It helps with the inevitable attention wandering and it allows you to reach different types of learners. Always try to make your presentations—including opening statements and closing arguments—memorable for all of your listeners. Continue reading
Filed under: Litigation Strategy, Trial Strategy | Tagged: closing argument, computer simulation, demonstrative evidence, Jury trial, opening statement, oral argument, oral presentation, visual aids | 1 Comment »
One of the cornerstones in trying a good case is pacing. The attorney who proves everything proves nothing. It’s imperative that your case be pared down to its essential elements and presented concisely. Continue reading