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Essay on Can the Beginning be the End?
Introduction
The opening statement is a most important part of trying a lawsuit. Many lawyers do not treat the opening statement with the importance it deserves. Many opening statements are not well prepared which is inexcusable. Jurors generally have a very superficial knowledge of what your case involves even after experiencing voir dire examination. This is especially true where the trial judge conducts the examination. The jurors know nothing about the facts except what little they remember from voir dire. The lawyer for the Plaintiff has the responsibility of educating the jurors who know nothing about the facts and who also may have a distorted view of the law applicable to the case. In the post-tort reform atmosphere, the trial lawyer must deal with a great deal of adverse and oftentimes false information put out to the general public concerning lawsuits in general.
It is extremely important to let the jury know what your case is all about in simple, understandable terms. Most jurors really want to know what the case is about and why the Plaintiff is bringing this suit. They are disappointed and probably greatly surprised if they do not find out at the outset from the Plaintiff's lawyer that they are sitting on an important case and one that has its own unique and interesting set of facts.
The Rule of Primacy
I, like many others, believe that jurors tend to make up their minds to a large degree during the opening statements. This is probably why most defense lawyers ask the jury not to make up their minds until the defense has had their say. Of course, jurors can change their minds, especially if you have misled them or have done something that they will later consider to be unfair. If you say you will prove.......
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