Avoid These Mistakes in Opening Addresses:
1. Do not tell a jury that the evidence you intend to call will be presented in a disjointed or disorganized manner. It is unwise to begin an opening jury address with what appears to the jury to be an apology. The essence of a good opening address is to bring meaning to the evidence that is going to be presented. Suggesting, even inferentially, that the evidence to be presented is, in some way, incomprehensible because of its manner of presentation is contrary to good strategy. Instead, make every effort to describe the evidence in a manner that makes it sound comprehensible, cohesive and supportive of what the jury will anticipate will be your final argument. To do otherwise is to, at least subliminally, suggest to the jury that your side is partially defeated before you even begin to call evidence. Even if the jury members do not come to the conclusion that you are, in effect, apologizing for the manner of presentation of evidence, they will undoubtedly consider your opening address uninteresting. The opening address needs to be interesting. It should not have the appearance of an “apology.” Instead, it should suggest that you are about to present answers to your opponent’s case, and, the answers will provide the jury with reasons to reject your opponent’s case. In short, everything in the opening address should have a positive note. No apologies!
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