Karen Koehler

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Don't ignore the defense in opening statement

We set the case up for disaster if we build it way up and ignore what the defense is going to do to it.    This would be like a basketball coach only having the team practice offense.

Instead, the coach studies the opponent.  Maybe sends out a scout.  Watches film.  Devises strategies.  Has the team practice then implement them.

We've all heard the saying -sometimes, the best offense is a good defense.

Opening statement is similar.  We don’t want to spend too much time being defensive.  That will give too much credence to the other side.

But we need to anticipate the defense.  We need to be upfront and tell the jury about our case weaknesses.  To prevent the defense from blowing them out of proportion.