Quick List of Opening Statement Do's & Dont's
- Do take a breath and center yourself before you begin.
- Do speak at thinking speed which usually means slow down.
- Do stand at a distance that is not too far away yet not too close to the jury.
- Do avoid podiums except in Federal Court where you have no choice but to stand behind them.
- Don’t block the jury’s view if you are using Powerpoint or showing things.
- Do use Powerpoint and show things
- Don’t use legalese.
- Don’t start out with a long irrelevant introduction.
- Do show proper decorum at all times.
- Don’t read your notes. If you must use notes, put them where you can glance at them.
- Don’t clasp your hands in back of you.
- Don’t clasp your hands in front of you.
- Do stand with your feet planted firmly, hands resting at your sides to begin with.
- Do allow your hands to move when you speak.
- Do project your voice appropriately.
- Do inflect your voice appropriately
- Do make eye contact.
- Don't stare down the jurors
- Do take a risk in favor of creativity every now and then
- Don’t focus on how to deliver an objection-free opening
- Do use the present tense
- Do use theme(s)
- Do tell a story
- Don’t assume you’re doing a good job because you think so
- Do watch and relate to the jurors' body language
- Do move on if the judge sustains an objection
- Don’t be intimidated if an objection is lodged against you
- Don’t try to be amazingly persuasive
- Do focus on establishing credibility
- Do anticipate the other sides' arguments
- Do give thought to how you are going to sequence opening
- Don’t explain the law
- Do explain the facts
- Do focus on being helpful
- Do make promises you will keep
- Don’t make promises that you can’t keep
