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The Mississippi Lawyer Spring 2015 29 Talking to The Jury Opening Statements and Closing Arguments If you bore the jury in your Opening Statement you may lose them for the rest of the trial. Lawyers young and old seem to make the same mistakes most of which are preventable. This article will outline some tips and techniques to help you and your client win the case with your Opening Statement. Most trial lawyers agree that opening statements often make the difference in the outcome of a case. Studies have shown that jury verdicts are in the substantial majority of cases consistent with the ini- tial impressions made by the jury during the opening statements. As in life general- ly the psychological phenomenon of pri- macy applies and the initial impressions become lasting impressions. Accordingly make sure your case gets off on the right footing. This can be achieved only when you forcefully deliver a logical opening statement that clearly establishes your themes and demonstrates the facts.1 1. Themes and the First Minute The beginning of your opening is a chance to set the stage for what is to come at trial. To do this your case should have a theme. Your theme can be as simple as profits over people in a product liability case or the good the bad and the ugly in a car wreck where your client may be par- tially at fault. A strong theme will be bol- stered by witness testimony and will be repeated in closing. The first minute or two of your opening statement should communicate your theme. Themes are the psychological anchors that jurors instinctively create to distill and summarize what the case is all about. Thats because information during a trial becomes complicated and overwhelming and themes become the essential tool jurors use to reduce a large amount of information and summarize their attitudes about that information in easily remem- bered words or phrases.2 Themes help jurors summarize information and can be adopted by favorable jurors during delib- erations. Since lawyers are not allowed to sit with jurors during deliberations what is more powerful than having jurors arguing your case for you To do this favorable jurors need a theme that ties your case together. ou never get a second chance to make a first impression. This was the well known slogan for Head and Shoulders Shampoo.The same can be said for Opening Statement. You only have a short amount of time in front of the jury to outline your case. Y By Rocky Wilkins I. How To Win With Your Opening Statement Continued on next page