how to write an opening statement for a defense attorney

A strong defense opening statement will do the following:

• Tell a story. Often the story will be about the process that led to the prosecution and its unfairness. ...
• Plant the defense themes. ...
• Make concessions only with great caution. ...
• Make the defense case concisely. ...
• Humanize the defendant. ...
• Make no promises about the defendant testifying. ...
• Argue the defendant’s case. ...
• End on a high note. ...

Full Answer

How do I write a written defense?

How to write a defence?

• (1) In his defence, the defendant must state – (a) which of the allegations in the particulars of claim he denies; (b) which allegations he is unable to admit or ...
• (2) Where the defendant denies an allegation – (a) he must state his reasons for doing so; and (b) if he intends to put forward a different version of events ...
• (3) A defendant who –

How to write debate opening statement?

Identify and understand what content belongs in your opening statement.

• Discuss the facts of your case. Your opening statement should be limited to a discussion of the anticipated evidence and what the main issues are. ...
• Avoid arguing during your opening statement. ...
• Avoid discussing the law in detail during your opening statement. ...

How to write a cover letter opening statement?

How to Write a Cover Letter Opening Statement

1. Get Their Attention. Many experts believe that the first two sentences of your cover letter are the most important. ...
2. Make It Snappy. You have two sentences to pack in the most important information about yourself before you launch into your other cover letter sections.
3. Be Interesting. ...
4. Consider the Audience. ...

How to prepare a statement of Defence?

Prepare your defense. Once you have understood the format of the statement of defense, read the claim against you again and develop a general strategy. If there are witnesses who support your case, interview them and keep notes. Collect any documentation that supports your case such as correspondence, documentation and receipts.

How do you write a good opening statement for a defense?

A strong defense opening statement will do the following:Tell a story. ... Plant the defense themes. ... Make concessions only with great caution. ... Make the defense case concisely. ... Humanize the defendant. ... Make no promises about the defendant testifying. ... Argue the defendant's case. ... End on a high note.

How do you write an opening statement for a lawyer?

Opening Statement ChecklistState your theme immediately in one sentence.Tell the story of the case without argument.Persuasively order your facts in a sequence that supports your theme.Decide whether to address the bad facts in the opening or not.Do not read your opening statement. ... Bring an outline, if necessary.More items...•

What is a good example of an opening statement?

“This is a case about taking chances.” “Mary Jones had a dream and a plan.” “Revenge. That's what this case is all about.”

What are 3 things you should always include in an opening statement?

An opening statement is the most important points in a trial and it provides an attorney with an opportunity to engage with the jury about their case. An opening statement should always include an introduction; a body, which includes a story and a discussion of disputes and weaknesses; and a conclusion.

How long should an opening statement be?

between 10 and 45 minutesMost opening statements take between 10 and 45 minutes, although, depending on the complexity of the case, some may take longer. Some jurisdictions have developed rules for how long opening statements, as well as closing statements, may be. Other jurisdictions leave such time limitations to the judge's discretion.

What does an opening statement consist of?

The purpose of opening statements by each side is to tell jurors something about the case they will be hearing. The opening statements must be confined to facts that will be proved by the evidence, and cannot be argumentative. The trial begins with the opening statement of the party with the burden of proof.

How do you write an opening sentence?

How to Write a Strong Opening SentenceAsk a question. I don't mean to literally ask your reader a question–this would probably come off as a little cheesy, and you almost never address the reader in a fictional narrative. ... Hook your reader's emotions. ... Start in medias res. ... Make it matter.

What is an opening statement in law?

The opening statement is the lawyer's first opportunity to address the jury in a trial. Generally, the party who bears the burden of proof (plaintiff in a civil case or prosecution in a criminal case) begins the opening statements, followed immediately after by the adverse party (defendant).

How long should an opening statement be in an essay?

The introduction should make sense and hook the reader right from the start. Make your introductory paragraph brief. Typically, just three or four sentences are enough to set the stage for both long and short essays.

What is another word for opening statement?

What is another word for opening statement?forewordintroductionpreludeprologUSovertureprelusionprooemiumforward matterfront matteropening remarks36 more rows

How do you memorize opening statements?

Try these four techniques to make it easier for you to memorize your opening statement and closing argument:Use chronological order. ... Label digressions. ... Number your points. ... Use concept associations.

What happens after the opening statement?

Following the opening statements, the attorney for the plaintiff presents evidence. Thereafter, the defendant may or may not choose to present evidence as he or she sees fit. Evidence falls into 2 classes: testimony and exhibits. Testimony consists of statements made by witnesses under oath.

What is an opening statement in law?

The opening statement is the lawyer's first opportunity to address the jury in a trial. Generally, the party who bears the burden of proof (plaintiff in a civil case or prosecution in a criminal case) begins the opening statements, followed immediately after by the adverse party (defendant).

Who's opening statement does the court hear first?

Generally, the prosecution in a criminal case and plaintiff in a civil case is the first to offer an opening statement, and defendants go second. Defendants are also allowed the option of delaying their opening statement until after the close of the prosecution or plaintiff's case.

How do you write an opening statement for arbitration?

An effective, persuasive opening statement will assure the arbitrator that he or she can rely on your representations....The Hillen Factors are:Identify factual questions in dispute;Summarize all evidence on each;State which version he/she believes; and.Explain in detail why the chosen version was more credible.

How long should an opening statement be in an essay?

The introduction should make sense and hook the reader right from the start. Make your introductory paragraph brief. Typically, just three or four sentences are enough to set the stage for both long and short essays.

How to conclude a defense opening statement?

A good way to conclude the defense opening statement is for counsel to tell the jury that the evidence will not prove the prosecution’s case and that the only fair verdict in this criminal trial will be “not guilty.”

What is a good opening statement for a defense?

Plant the defense themes. A strong opening statement will use catch-phrases that will characterize the defense. For example, informants “sell their testimony”; the prosecutor “holds the jailhouse key”; the defendant was “in the wrong place at the wrong time”; the alleged victim “started the fight and the defendant ended it.”

What is the best strategy for a criminal defense opening statement?

However, given the vagaries of trial and the difficulty of predicting areas where the prosecution’s evidence might fail, a better strategy is to focus the opening statement on points the defense will contest and omit any mention of points the defense must concede, rather than make an explicit concession.

Why do criminal defense attorneys speak to jurors?

Speaking to the jurors face-to-face, without notes or a podium, allows the criminal defense attorney to converse with jurors , rather than preach to them. It shows confidence and builds rapport. Humanize the defendant.

What is the opening statement of a criminal trial?

After the prosecution opens, the defense has an opportunity to make an opening statement. A strong defense opening statement will do the following: Tell a story. Often the story will be about the process that led to the prosecution and its unfairness.

What is the book rule in criminal defense?

The “textbook” rule is that an opening should not be an argument of the case, but a preview of the evidence. A smart criminal defense attorney will ignore this rule as much as possible. The opening statement should be an abbreviated version of the closing argument. End on a high note.

What is a brief opening statement?

A brief opening statement is usually a strong opening statement. Defense counsel should be able to deliver the opening without notes. This is the time to introduce themes and the theory of the defense, and to make an impression of confidence in the case.

How to write an opening statement for a case?

To write an opening statement, start with your introductory remarks that summarize the case, state your theme, and intrigue the jurors. Then, go on to introduce your client, as well as any other witnesses involved in the case.

What is the purpose of opening statement?

An opening statement is meant to help jurors comprehend the case, focus on important evidence, and provide context. Before writing your opening statement, you are going to want to grasp why the opening statement is so important.

How to start a jury trial?

Begin with remarks that summarize the case, state your theme, and arouse the interest of the jurors. The first couple of minutes during your opening statement is when all the jurors are likely paying the most attention, so you want to capture them immediately.

How to conclude a case?

Provide a conclusion. Your conclusion should summarize the theme of your case and you should ask the jury for a specific verdict. You can accomplish this by suggesting that the evidence adds up to a favorable outcome.

What is the opening statement of a trial?

An opening statement is the most important points in a trial and it provides an attorney with an opportunity to engage with the jury about their case. An opening statement should always include an introduction; a body, which includes a story and a discussion of disputes and weaknesses; and a conclusion. Steps.

How to introduce a client to a jury?

Introduce your actors, places, and things. In this section you want to first introduce your client, followed by an introduction of other important witnesses. When you introduce your client, you want to make them seem real and likable. At the end of the day, the jury is going to see your client throughout the trial so you want them to relate to and empathize with your client. You should also familiarize the jury with important locations and times that are going to play a big role in the trial. When you introduce these things, you should attempt to make them as real and tangible as possible because you want the jury to stay engaged and believe your story.

How to get a jury to like you?

Build rapport with your jurors. You want the jurors to like you, as you will ultimately ask them to decide the case in your favor. You want to speak to them as the intelligent people they are, and you want to be sincere in the beliefs you convey.

How to start an opening statement?

The first step of writing an opening statement is to start with an introduction describing the intentions and overall purpose of the opening statement. This will allow you the chance to grab the attention of the jury as, at this point, they will be interested in listening to the facts in the form of a story.

What do you need to know before writing an opening statement?

Before writing an Opening Statement, firstly, you need to comprehend why the opening statement is imperative. This ensures that you write the best opening statement possible. The following three tips will help you accomplish your mission;

What should be included in an introductory statement?

In your introductory statement, you need to include the following; Introduce yourself to the jury as a lawyer. Introduction of the client to the jury- introduce your client to the jury in an empathetic way to relate. Provide all the relevant information regarding the client’s case to ensure that the jury understands the client’s nature ...

What is the opening statement of a trial?

An opening statement is essential for any successful trial. It should include an introductory statement, the main body comprising all the relevant information, and a conclusion. Usually, the relevant information must include possible disputes as well as weaknesses.

How to write a conclusion for a case?

In your conclusion section, summarize your case’s theme and ask the jury for a specific verdict. You can achieve this by suggesting that all the evidence you have provided totals up to a favorable outcome.

What is the purpose of opening statement?

An opening statement provides the lawyer with an opportunity to address the jury in a trial and shapes the impression of the case and the jury. It forecasts to the jury the evidence they will see and hear during the trial. In other words, it lets the jury know what to expect and allows them to understand the evidence when it is presented to them.

How to get a jury to like you?

Create a good rapport with your jury. Ensure that the jury likes you, as you will require them to decide the verdict of the case in your favor. Address them as the intelligent people they are, and be sincere while conveying your beliefs.

What is the opening statement?

The opening statement provides the first impression of the case and shapes the impressions of the jury. The opening statement provides the first impression of the case and shapes the impressions of the jury. An opening statement forecasts to the jury the evidence they will see and hear during the trial—it allows the jury to know what to expect ...

What makes an opening statement effective?

Themes and storytelling are what make opening statements engaging and effective. The story of the case tells the jury what happened chronologically either from the viewpoint of the plaintiff or defendant. When giving an opening statement, the lawyer should place her side in the best possible light and tell a story that will make ...

Why should lawyers engage their audience during trial?

Lawyers should engage their audience during trial, and effective themes combined with engaging stories can fight juror boredom . Lawyers have a better chance later of persuading the jury if the jury likes their opening statements.

How to conclude a jury trial?

Conclude your opening by telling the jury what you would like them to do at the end of the case: “ I just ask that you please keep an open mind about this case until you hear all of the evidence. I also ask that you return a verdict of not guilty for the defendant, Officer Dally. Thank you for your attention.”

How to connect with a jury?

Lawyers can connect with the jury by telling an enjoyable story. These stories are persuasive and become embedded in a juror’s mind when they make sense, are stated in plain language, and have a beginning, middle, and an end. For example, tell the jury how they will learn about the plaintiff’s lack of knowledge. Tell them about how the plaintiff was not at the restaurant when the incident occurred. Explain that the evidence will support the employee’s testimony and the jury will see that the employee was acting professionally as stated in the employment contract. Tell them they will hear from the other employees who were at the restaurant on the night in question and they will put the actions in context. Present the people and the evidence in story form and the jury will be sitting on the edge of their seats in eager anticipation.

Why do lawyers have one sentence themes?

Emotionally based themes often serve as anchors, creating impressions for the jury that linger until the time the verdict is decided. Themes keep the jury’s attention and help them organize information.

What is Kelly Sanders' case?

This is a case about a man who has been harassing, stalking, and threatening my client, Kelly Sanders, after she ended a romantic relationship with him. Ms. Sanders lived with the Respondent for about three years, and they share a 2-year-old child together. Ms. Sanders came into the relationship with another child who is now 6 years old. They separated a few weeks ago because the Respondent began drinking much more than usual, threatening her life, insulting her, and encouraging the kids to join him. That is why we are here today, ladies and gentlemen of the jury. My name is Jack Jill, and I represent Ms. Sanders. In this trial, we ask you to grant her request for a Civil Protection Order.

How long is the opening statement in a bench trial?

Usually for a bench trial, the opening statement is less than one half in length , and less time is put into the planning because judge’s don’t value the opening as much. But I do think you want to let the judges know what your strong points are ahead of time, much like a jury trial.

What is the job of a defense lawyer?

The defense lawyer’s job is to make sure that his or her client gets a fair trial, and that means that the defense lawyer must advocate for the client’s point of view. An mock trial opening statement is scored both on the content and also on delivery.

What is the difference between opening and closing?

The main difference is that an opening is an opening statement, but a closing is a closing argument. So the opening is not the opportunity for you to argue your case. Rather it is the time to tell the jury what evidence you believe will be presented so they know what to look for later on throughout the trial.

Does a defense lawyer convince a jury?

Most of the time a defense lawyer does not succeed in convincing a jury of a the defendant’s actual innocence. Usually when a defendant is acquitted (found “not guilty”), the jurors make that decision based on the fact that there was some small measure of doubt in their minds as to the defendant’s guilt. These doubts is what the defense lawyer raises, and there is no better place to begin then in the defense opening statement.

Is opening statement important?

Yes, it is an important distinction to make. Opening statements are for outlining your case or “telling a story”, and closing arguments is for summing up your case and arguing. However, sometimes I will sometimes sneak a little arguing into my opening.

What is the opening statement?

An opening statement is a factual narrative that should last no longer than is needed to keep the jury’s attention. An opening statement is a factual narrative that should last no longer than is needed to keep the jury’s attention. It should preview, in an understandable way, the anticipated testimony and evidence.

What is the importance of an opening statement?

An opening statement, therefore, needs to be carefully planned. It should offer an understanding of the dispute and the parties involved in it. It should give an overview so the jury can better understand the evidence that will later be presented. An opening should establish the credibility of the attorney giving it so the jury is persuaded to trust the testimony, documents, and other evidence eventually offered for its consideration.

How to tell a story in a trial?

After introducing the theme, trial counsel should present the client’s case in the best and most accurate light possible, telling the story in a way that will make the jury want to decide in the client’s favor. Jurors often base their decisions about disputes on the impression received during an opening statement. The best openings offer a clear and persuasive story, using vivid images and metaphors. They introduce people and documents as they fit logically into the story and assemble the facts in a way that leads to only one compelling conclusion—the one the attorney is advancing at trial.

Why should an opening be given to the jury?

An opening should establish the credibility of the attorney giving it so the jury is persuaded to trust the testimony, documents, and other evidence eventually offered for its consideration.

Why is an opening important?

An opening should order important facts to support the dispute’s theme. A successful opening also will tell an engaging story from a client’s perspective, describing logically what happened. Chronological organization is often employed because jurors may have an easier time following a linear story.

What happens if you fail to deliver on proofs promised in an opening statement?

Failure to deliver on proofs promised in an opening statement can lead to counsel’s loss of credibility. It can give the adversary, at closing, an opportunity to argue that the party’s case was not made. An effective opening statement is built around a theme that can be summed up in a simple word or phrase or in a single sentence.

Do you have to share demonstratives with opposing counsel?

Often demonstratives need be shared with the court and opposing counsel before openings or pre-marked as exhibits (or both). Whether or not this is required, it is best to attend to objections before trial (for example, at a pretrial conference). This will permit opposing counsel’s objections to be addressed before the jury sees the exhibit and will avoid opposing counsel’s objections from interrupting the opening statement. If demonstratives or exhibits are not permitted, consider bringing an ELMO or an easel on which to write down key points that the jury should focus on.

What is a good opening statement?

So a good opening statement anticipates the points that the defense attorney will make in their opening statement. For example, if the defense is claiming self-defense, point out that self defnse does not apply because the defendant provoked the fight, or the defendant is much larger than the victim.

What does the defense claim in a self defense case?

Members of the jury, the defense may claim that the defendant acted in self-defense. However, the impartial witnesses who saw the incident all testified that it was the defendant who approached the victim and threatened him with a knife. or.