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USING A “REPTILE” STYLE OPENING STATEMENT

Plaintiff Trial Lawyer Tips

Since the publication the defense bar has concentrated on how to prevent and object to use of this approach. An effective opening statement leaves the jury with nothing on their mind except what the defendant did. Less is more in making an openings statement. No advocacy. You are not a commentator at this point.

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What is Litigation Consulting, and How Can It Help Your Case?

Jonathan Leach LLC

When you become too familiar with the details, you can lose the objective. Formulate an Opening Statement- Your opening statement sets up your entire case, making it one of the most important parts of your argument. If they see an area that the other party can take advantage of, they can help you fix it.

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A SIMPLE SUMMARY OF TRIAL CONCEPTS

Plaintiff Trial Lawyer Tips

In my experience jurors have consistently objected to attorney anger, unprofessional or disrespectful conduct. Opening Statement. There are many ways to approach the story you are going to tell in the opening statement. You need permission to use exhibits, models, diagrams and the like in the opening statement.

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DON’T WIN THE BATTLE BUT LOSE THE WAR OVER CAUSATION AS A TRIAL ISSUE

Plaintiff Trial Lawyer Tips

The reality is that a jury, following the jury instructions can find significant negligent conduct they object to, but conclude it did not cause the harm plaintiff is complaining about. A negligent defendant may conclude it is more profitable to not make the major defense negligence, but causation.

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OBSERVATIONS ABOUT CROSS EXAMINATION

Plaintiff Trial Lawyer Tips

They just launch off without any particular objective other than an impeachment they have available. We need specific focused objectives thought out and planned in advance. You tell it starting in jury selection and continue it through opening statement, direct examination, cross examination and argument. They get bored.