Karen Koehler

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Quick List of Opening Statement Do's & Dont's

Karen Koehler
  • 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