If a trial is a battle of stories, then the opening statement is the first, and often most decisive, volley. It is your initial opportunity to plant the flag of your narrative in the fertile ground of the jury's mind. It is not evidence, but a preview of the evidence to come—a roadmap that tells the jury where you will take them and why they should want to go. An impactful opening statement does not merely inform; it persuades, engages, and frames the entire conflict. For the new trial lawyer, mastering this art is not optional; it is essential. This essay will deconstruct the anatomy of a powerful opening, providing a blueprint for its creation, and outlining the critical dos and don'ts that separate effective advocacy from a missed opportunity.
Before a single word is written, one must internalize the core purpose of the opening: to tell a compelling story. Jurors are not computers processing data; they are human beings who understand the world through narrative. They instinctively look for characters, conflict, motivation, and resolution. Your job is to provide that structure.
Your story must have:
A Hero: In a civil case, this is your plaintiff. In a criminal case, it is the People or the State, representing the victim and society. Your client must be relatable and sympathetic.
A Villain: This is the opposing party—the negligent corporation, the breaching partner, or the criminal defendant. Avoid melodrama; the "villain" is often defined by their careless or intentional actions, not mustache-twirling evil.
A Premise (The Theme): This is the one-sentence summary of your case. It is the moral of the story you are about to tell. Examples include:
"This is a case about a corporation that put profits before the safety of its customers."
"This case is about a promise made, a promise broken, and a family business destroyed."
"This case rests on a single, unreliable eyewitness identification made in the dark of night."
A Journey (The Facts): This is the chronological path that takes the jury from a state of peace, to the inciting incident, through the struggle, and finally to the point of trial. You are the guide on this journey.
A powerful opening follows a clear, logical structure that builds momentum and credibility.
1. The Introduction: The Handshake and the Hook
Begin by introducing yourself and your client. Immediately establish a connection with the jury. Then, without delay, deliver your theme. This is your hook. It should be a strong, simple, and memorable declarative sentence that frames the entire case.
Do: "Good morning. My name is [Your Name], and I have the honor of representing Sarah Jones. This case is about the night a simple choice—to drive after one too many drinks—shattered a family forever."
Don't: "Good morning. My name is... and I represent the plaintiff. We are here today because of an accident that occurred on January 15th..."
2. The Parties and the Scene: Who, What, and Where
Briefly introduce the key players in your story. Make them human. Give the jury a reason to care about your client and a reason to be skeptical of the opponent. Set the scene. Where did this happen? What was the context? Paint a word picture.
Do: "Before that night, the Miller family was just like any other. David Miller worked as a schoolteacher, and his wife, Maria, was a nurse. They were driving home from their daughter’s piano recital, a car full of pride and laughter."
Don't: "The plaintiff, David Miller, is a 42-year-old teacher. The defendant is XYZ Corporation."
3. The Chronological Narrative: "What Happened?"
This is the core of your opening. Walk the jury through the key events chronologically. Use active, vivid language. Focus on the actions and decisions of the parties. This is where you begin to subtly assign blame or justify conduct.
Use Active Voice: "The defendant ran the red light," not "The red light was run."
Incorporate Key Facts: Weave in the undisputed facts that support your theme. "You will hear from the independent mechanic who will testify that the defendant's brake pads were worn down to the metal—a fact the company's own inspection log failed to note, not once, but three times."
Preview Witnesses and Evidence: Tell the jury who will prove these points and what they will show. "Officer Davis, who arrived at the scene, will tell you he saw the skid marks leading directly to the defendant's truck. And you will see the data from the truck's own electronic control module, which confirms he never even hit the brakes."
4. The Anticipation and Rebuttal: Acknowledging the Other Side
A powerful technique is to briefly and confidently acknowledge the other side's likely argument, and then dismantle it before they even present it. This demonstrates fairness and steals their thunder.
Do: "The defense will likely claim that my client wasn't looking where he was going. But the evidence will show that he had the green light, and as you will see from the traffic camera footage, he had no reason to expect a semi-truck to barrel through the intersection."
Don't: Ignore the elephant in the room. If you have a weakness, address it briefly and pivot back to your strengths.
5. The Damages or the Charge: The Stakes
Clearly and compellingly explain the harm that was caused. In a civil case, this is where you detail the physical, emotional, and financial damages. Make it tangible. "The medical bills totaled $287,000. But what is the cost of never being able to play catch with his son again?" In a criminal case, this is where you connect the defendant's actions to the crime charged and the harm to the victim and community.
6. The Conclusion: The Request and the Theme Revisited
End with a powerful restatement of your theme and a direct request for a verdict. This brings the story full circle.
Do: "At the end of this trial, when you have seen all the evidence, we will ask you to return a verdict that holds the defendant accountable. A verdict that says, in our community, when you make a choice to drive drunk, you must be held responsible for the shattered lives you leave behind. Thank you."
Don't: "So, uh, that's our case. I guess we'll see what the evidence shows. Thank you."
DO:
DO speak in plain English. Avoid legalese. Use simple, powerful words.
DO use the active voice. It assigns responsibility and is more engaging.
DO make eye contact with the jury. Speak to them, not at your notes. Move deliberately.
DO be confident and passionate. Believe in your case. If you don't, the jury never will.
DO promise only what you can deliver. Your credibility is your most valuable asset. Only preview evidence you are certain will be admitted.
DON'T:
DON'T argue the law excessively. Save the legal debate for closing, when you can connect it to the evidence the jury has already heard. The opening is about the story.
DON'T overpromise. Never say, "The evidence will be uncontroverted," or "We will absolutely prove..." If you fail to meet an extreme promise, you lose all credibility.
DON'T use hyperbole or personal opinion. "I think," "I believe," and "This is the worst case I've ever seen" are improper. The evidence will speak for itself. Instead of "It was a horrifying scene," say, "The evidence will show the scene was one of horror: broken glass, twisted metal, and the sound of a child crying."
DON'T memorize a script. Internalize your outline and key phrases, but do not recite a speech. A canned delivery feels insincere and falls apart if you are interrupted.
DON'T waste your best material. The opening is a preview, not the feature presentation. Save your most dramatic rhetorical flourishes and detailed analysis of a key document for closing argument, when the evidence is in.
The opening statement is your first chance to define the reality of the case for the jury. It sets the lens through which all subsequent evidence will be viewed. By crafting a simple, human story built on a powerful theme, delivered with confidence and credibility, you do not just start a trial—you take a significant stride toward winning it. You give the jury a narrative to hold onto, a reason to care, and a standard by which to judge everything that follows. In the contest of stories that is a trial, the one told first, and told best, has a profound and lasting advantage.