The Litigation Psychology Podcast - Episode 220 - Opening Statements Part 1 - What Not To Do

The Litigation Psychology Podcast

In the first of a two-part episode, Bill Kanasky, Jr., Ph.D. talks about opening statements and what not to do in your opening statement. First, Bill explains the primary reasons why opening statements fail:

1) Attorneys don't get formal training on how to construct an opening statement;
2) Attorneys don't have an understanding of how the juror brain processes information;
3) The games our minds play on us;
4) Many attorneys have less experience and opportunity to do opening statements because fewer cases go to trial.

Bill shares what not to do in your opening statement:
- Do not introduce yourself to the jury;
- Don't thank the jury for their civic duty;
- Don't start your opening with a corny story or a joke;
- Don't discuss the role of the jurors;
- Don't go on too long;
- Don't read your opening statement from a legal pad or a tablet;
- Don't go on the defensive.

In part 2, Bill will discuss what you should do in your opening statement.