GRAND
Openings
An aphorism applicable to virtually
all professions and
walks of life is: “If
you’re not getting
better, you’re getting
worse.” Attributed
to David Brandon,
chairman and CEO
of Domino’s Pizza,
this saying has par-
Open the door to effective
jury persuasion. Combine
recent discoveries about the
psychology of public perception
with time-tested techniques,
and help jurors see that justice
for your client means justice for all.
|| Jim M. Perdue Sr. and Jim M. Perdue Jr.
ticular relevance to
the trial lawyer.
By
The last decade has seen unparalleled progress in the science of persuasion. Through research and focus groups, marketers and political consultants
have discovered new ways of reaching and influencing the public mind. And trial
lawyers have demonstrated that these new approaches, when used with juries, can
transform the landscape of a courtroom.
As the motivational writer Lloyd Dobens put it, “Continual improvement is an unending journey.” Begin the journey to better opening statements with a quick review of what
the opening statement is and what it is supposed to do.
Though it seems hard to believe, some lawyers and judges are still unclear on the substantive and procedural differences between opening statement and closing argument. Here’s a
quick refresher: In opening statement, you may incorporate any fact that you reasonably believe
will be proven by the evidence, while in closing, you may use inferences from those facts.1 Using
those same inferences in an opening is improper and may provoke an objection that you’re being
argumentative. Stick to the facts that you hope to prove, and don’t infer anything from them until closing. That legal difference serves a strategic distinction many lawyers fail to embrace. Closing argument
is the time to inspire—opening statement is the time to persuade.
This concept forces the attorney to differentiate oratory from facts. Facts persuade a listener to his or
her truth, but only if presented with a deep appeal. These principles represent the courtroom application
