BarbriSFCourseDetails

Course Details

This CLE course will guide personal injury litigators in preparing and delivering effective opening statements and closing arguments. The panel will discuss strategies for proper timing and sequencing of opening statements and closing arguments, making and responding to objections during opening and closing, and bringing and defending motions related to conduct or assertions during opening statements or closing arguments.

Faculty

Description

Opening statements and closing arguments influence jurors' perceptions of the theories, facts, and evidence in personal injury litigation. A superbly prepared and delivered opening statement and closing argument can lead to a successful outcome, while a catastrophic opening or closing may doom a case.

According to published reports, a significant majority of jurors make up their minds during opening statements for a case. Opening statements are most influential when personal injury counsel employs creative storytelling techniques and appropriate visual or technological aids, introduces controversial or disputed topics before the opposing side has the opportunity to do so, and avoids the common mistakes of argument, exaggeration, and misrepresentation.

Closing argument is the personal injury litigator's final opportunity to convince jurors to rule in their client's favor. Closing statements should be memorable, as with Johnny Cochran's infamous line, "If it doesn't fit, you must acquit," persuasive, display passion and confidence, and involve demonstrative visual aids.

Personal injury attorneys must be strategic and thoughtful about the organization and timing of opening statements and closing arguments. Plaintiff counsel must be well versed in how to make and respond to objections during opening and closing and how to properly bring or challenge motions related to conduct or assertions during opening statements and closing arguments.

Listen as our authoritative panel of personal injury attorneys discusses proven techniques for preparing and delivering opening statements and closing arguments and related issues.

Outline

I. Opening statements

A. Key elements of opening statements

B. Use of visual/technological aids

C. Common pitfalls during opening—arguments, exaggeration, misrepresentation, etc.

D. Common objections during opening

II. Closing arguments

A. Key elements of closing arguments

B. Using visual/technological aids

C. Common pitfalls during closing

D. Common objections during closing

III. Arguing and defending motions related to conduct or assertions during opening statement and closing argument

Benefits

The panel will review these and other high priority issues:


  • What are primary considerations for personal injury litigators when preparing opening statements?
  • What common pitfalls do litigators encounter with opening statements?
  • What are some practical strategies for personal injury litigators when delivering closing arguments?
  • What types of objections are often raised by attorneys during opening statements or closing arguments?
  • What are some best practices for bringing and defending motions in limine, motions for mistrial, and other motions related to conduct or assertions during opening statements or closing arguments?