Cynthia Ozick, a shorty story writer, once said, “two things remain irretrievable: time and a first impression.” So true. Opening statement is a trial lawyer’s best opportunity to make a positive first impression of the case. 

I’m currently teaching two Visual Litigation and Today’s Technology courses: one for FLEX JD students who are working and will get a degree after three and a half years at Seattle University Law School and a regular class. In both classes, we cover how to use visuals in trial, and this week the students are focusing on how to use visuals in opening statement to make a good first impression.

The key to delivering a good opening statement is being a good storyteller. Storytelling means engaging the jurors and persuading them with both your words and visuals. When they have a story construct, “conformation bias” comes into play, which means that the jurors sort through the evidence and draw everything that supports that story.

I tell the students that the  first minutes of your opening statement are critical. That’s when you grab the jurors’ attention and make them want to hear and see more. Under the rule of primacy, what you begin with is what they are likely to remember. So, seize their attention and make them want to hear more. Begin with something memorable. 

As a teaching tool, I use the prosecutor’s opening statement in the Conrad Murray manslaughter trial for killing Michael Jackson because the prosecutor employed visuals to give a dynamic opening statement. As you can see from WATCHING THE VIDEO CLIP ABOVE, the prosecutor begins by stating the prosecution’s theme of the case: “Michael Jackson literally put his life in the hands of Conrad Murray.”  The prosecutor then employs the visual of Michael Jackson on a gurney – his death bed. The prosecutor goes on to talk about and humanize Michael Jackson before turning to the chart of drugs that were administered to Jackson. 

After watching the video clip, the students discuss the use of visuals in opening statement and then develop a digital slideshow – PowerPoint that they would use in their opening statement.

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