Structure for Opening Statements
As longtime readers already know, I’m a big fan of David Ball’s book on Damages. David suggests a structured approach to opening statements. I had been using David’s structure before, but hearing Bruce Stern at the ATLA Convention and Ken Suggs at Auto Torts reinforced this approach.
- Rule and consequence
- Story (of what the defendant did)
- Blame (Who are we suing and why)
- Undermine (What is wrong with the liability defenses?)
- Damages (What are the losses and harms?)
- Money (What do you want?)
One of the primary goals of the opening statement is to prepare the jury to understand that your case is about determining harm and setting damages (to fix, help and make up for) as opposed to just determining who is right and wrong. You want the jury focusing on the degree of the harm, and not just who is right and wrong. I can’t recommend David’s book highly enough. You should also go to ATLA’s Damages Seminar that David gives, if you get the chance.
Post A Comment / Question
