Opening StatementsOpening StatementsThemes and StructuresThemes and Structures

byby

Richard S. JaffeRichard S. Jaffe

Jaffe, Strickland & Drennan, P.C.Jaffe, Strickland & Drennan, P.C.

Offices in Birmingham and AtlantaOffices in Birmingham and Atlanta

205-930-9800/205-930-9800/

www.rjaffelaw.comwww.rjaffelaw.com

"Most of our obstacles would "Most of our obstacles would melt away if, instead of melt away if, instead of

cowering before them, we cowering before them, we should make up our minds to should make up our minds to walk boldly through them."walk boldly through them."

Orison Swett MardenOrison Swett Marden

1. Demystify the 1. Demystify the Presumption of Guilt Presumption of Guilt

a. Inherent in the prosecutions casea. Inherent in the prosecutions case

b. b. Make them buy into presumption of Make them buy into presumption of InnocenceInnocence

c. G. J. relied on hearsayc. G. J. relied on hearsay

d.d. Prosecutor relied on hearsayProsecutor relied on hearsay

2. Target leaders but 2. Target leaders but speak to each Juror speak to each Juror

a. Connect to jurors/Eye contacta. Connect to jurors/Eye contact

b. b. Personalize yourself and clientPersonalize yourself and client

3. Win the credibility 3. Win the credibility contest contest

a. a. Do not over promise (They will)Do not over promise (They will)

b. b. Be the most prepared, the most Be the most prepared, the most organized, the most knowledgeable, organized, the most knowledgeable, the most articulate, the most sincere, the most articulate, the most sincere, the most in control the most in control c. Point to the prosecutions c. Point to the prosecutions weaknessesweaknesses

4. Know your 4. Know your controlling themes controlling themes

a. Know and emphasize your pivotal a. Know and emphasize your pivotal pointspoints

b. b. Stay on message (10 word telegram)Stay on message (10 word telegram)

5. Deal with your worst 5. Deal with your worst facts up front facts up front

a. When possible embrace thema. When possible embrace them

6. Be Persuasive6. Be Persuasive

a.a. An opening is not a statementAn opening is not a statement

b. b. It is an opportunityIt is an opportunity

c. c. Control the CourtroomControl the Courtroom

7. Adapt your style to 7. Adapt your style to your case your case

a.a. One size does not fit allOne size does not fit all

b. b. Decide who you want to beDecide who you want to be

c. c. Be authenticBe authentic

d. d. Be vulnerableBe vulnerable

8. Communicate your 8. Communicate your commitment and belief in commitment and belief in

your defenseyour defense

a. Communicate commitment to and a. Communicate commitment to and relationship with your clientrelationship with your client

9. Tell your defense 9. Tell your defense as storyas story

a. Use the sensesa. Use the senses

b. b. Use visuals and/or the courtroomUse visuals and/or the courtroom

c. c. The best story winsThe best story wins

10. Empower the Jury10. Empower the Jury

a. a. Remind them of their DutyRemind them of their Duty

b. b. Remind of their oathRemind of their oath

c. c. Each juror is a judgeEach juror is a judge

d. d. Give them a reason Give them a reason compelling acquittal, lessors etc.compelling acquittal, lessors etc.

““It’s not the size of the dog in It’s not the size of the dog in the fight, it’s the size of the the fight, it’s the size of the

fight in the dogfight in the dog

Coach Paul ‘Bear’ BryantCoach Paul ‘Bear’ Bryant