You have heard the judge say to the jury: “Do not form an opinion about the case until you have heard all the evidence.” Despite this admonishment, study after study shows that jurors do exactly the opposite; they form an opinion about a case during opening statement. That initial impression affects the way a juror then views all the evidence they hear after opening statement. That initial opinion also profoundly affects the decision each juror will make during final deliberations. Eighty-five percent of the time the juror’s initial impression of the case will be the way they vote in the jury room at the end of the case.

That is important information to know as a litigator and a trial attorney. Establishing credibility and trust with a jury (and the judge) during opening statement is absolutely critical. Explain your case simply and logically. Do not overstate your case. Tell the jury how you will prove your case. Then, prove your case with the best evidence you have. Avoid the theatrics you see in television courtroom dramas. Juries, and judges, know a “poser” when they see one.

Thaler Liebeler attorneys litigate and try cases in federal and state courts in the Washington, D.C. area, throughout the mid-Atlantic region, and across the country. We have conducted and won jury trials, bench trials, arbitrations, contested evidentiary hearings, and administrative proceedings by applying the fundamental principles described above. Extensive preparation is critical. Know the law; know the facts. Only then will the lawyer be able to make the important decisions about what will win the case.

While we’d like to say we have won all our cases at trial, the truth is we haven’t. We’ve won most of our cases by filing persuasive written briefs and motions, thereby winning the case before a trial is even necessary. The same important principles apply when writing a brief and arguing the client’s case to the judge. Establish your credibility at the start, and never give it up.  Present your case simply and logically.  Argue your case directly and forcefully. Get to the point quickly; brevity trumps verbosity:

"I should be glad if I could flatter myself that I came as near to the central idea of the occasion, in two hours, as you did in two minutes."

—Edward Everett to Abraham Lincoln after the Gettsburg Address (1863)

Thaler Liebeler provides effective and efficient litigation services to its clients in a wide variety of substantive areas, and has done so for more than 20 years.