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How to Write an Effective Opening Argument for a Legal Case

published February 16, 2023

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( 7 votes, average: 3.9 out of 5)
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SUMMARY

In the world of legal advocacy, the opening argument is one of the most important elements of a case. It is the first chance a lawyer has to explain their client's position to a judge or jury. Even though each case is unique, there are certain elements that should be included in a winning opening argument.


The opening argument should be divided into two parts. The first part should explain the facts of the case, beginning from the moment the alleged crime was committed through to the current situation. It should paint a full picture of the situation, including the people involved, the time and the place the events occurred, and the evidence that supports the lawyer's argument.

The second part of the opening argument should be the lawyer's argument. This is where the lawyer must make their case to the court by outlining why their client is right and the opposing lawyer is wrong. It should include persuasive points, such as where the evidence supports the client's case, how the law applies to that situation, and what the result of the court's decision should be.

When crafting an opening argument, it's important to think about the specific court and what type of people will be making the decision. It's also important to present the argument in a way that is organized, logical and easy to understand. The lawyer should keep the focus on the facts and avoid getting emotional or making personal attacks.

The lawyer should also be mindful to be concise and not waste the court's time. An effective opening argument should paint a complete picture of the facts in the case, focus on the main legal points, and be no more than five minutes in length.

In order to make an effective opening argument, lawyers should begin by researching the case and arming themselves with as much information as possible. This will help them to organize their facts and arguments in a meaningful way. They should also practice their argument in order to make sure they're prepared.

By preparing a well-crafted opening argument, the lawyer can provide their client with the best chance of success in court. An effective opening argument will give their client's case a better chance at receiving a fair hearing and ultimately a favorable outcome.

In legal advocacy, the opening argument is one of the most critical elements of a case. It is the lawyer's opportunity to explain the facts of the case and their argument to the judge or jury. To craft a winning opening argument, the lawyer should be sure to include all the facts and circumstances of the case, explain their argument in an organized and logical way, and keep the argument concise and to the point. By researching the case and practicing the argument, the lawyer can ensure the best chance of success.
QUESTIONS ANSWERED IN THIS ARTICLE
 

The Art of Crafting an Opening Argument in a Courtroom

An opening argument is like a plan of action for a lawyer. It sets forth the lawyer's arguments concerning the facts of the case, the law that applies, and the consequences of the law to the parties. An opening argument can be the most challenging part of a lawyer's trial preparation, as it must be concise, accurate, and persuasive in order to convince the jury that the lawyer’s legal reasoning is sound. Alternatively, an opening statement can be used to introduce the jury to the facts of the case while previewing the evidence that will be presented throughout the trial.
 

The Necessity of Having a Structured Argument

When preparing an opening argument, it is critical that a lawyer develop a structured argument. This means that the lawyer must clearly articulate their position on the facts of the case and the applicable law and explain why the facts and law lead to a favorable conclusion for their client. The argument should be logical, organized, and persuasive. It should be an effective way of communicating the lawyer's legal theory to the jury.
 

Understanding How to Present an Effective Opening Argument

In order to have an effective opening statement, a lawyer must be familiar with the facts of the case, the applicable law, and the dynamics of any applicable jury. The lawyer should use the opening argument as a way of framing the issues in the case, focusing on the key facts, and making the jury aware of the relevant legal principals and how they apply to the facts. Additionally, the lawyer should use the opening argument as a way of introducing the evidence that will be presented throughout the trial.
 

The Benefits of Making a Good Opening Argument

Having an effective opening argument gave the lawyer a better chance to sway the jury in their client's favor. Therefore, preparing a good opening argument is essential for a lawyer’s success in court. It allows the lawyer to present clear and persuasive arguments to the jury and can help to ensure that the jury understands the issues in the case and the legal principle that apply.

THE NEW YORK TIMES, a few years ago, featured a front page picture of a personal injury lawyer advertising his skills in a television commercial. The attorney appeared as a prizefighter - in trunks and boxing gloves - slugging it out in a boxing ring with an actor posing as a legal opponent.

Most lawyers might hesitate to advertise their skills so blatantly. But many lawyers, while sensitive to the need of developing business and skilled in the subtle ways of promoting their legal services, remain blissfully innocent of one the most effective techniques for marketing themselves in a job search - the profile statement.

The one question most often asked of legal job seekers is that over-used phrase: "Tell me something about yourself." You hear it when you are screened over the phone after responding to a legal advertisement. Callers will ask, "Could you tell us a little bit more about your background?" You also detect it, posed in one way or another, during an actual job interview: "Why don't you just briefly run me through your background? "

Successful sales people often say that if you cannot compress the benefits of your product or services in 60 seconds of less, you'll lose a sale. That is why it is so important to prepare a creditable, well-scripted answer to the "Tell me something about yourself" question because it is an interview door-opener. If you do not have a well-prepared, 60-second answer to that threshold question, and give it back as if it were spontaneous and unrehearsed, you have stumbled badly. You have missed the opportunity right at the beginning of the interview to establish your credibility and let your audience hear your "music" - your energy, your enthusiasm, everything that makes you an interesting and attractive candidate.

Repeatedly, when interviewing job-seeking lawyers of all ages and backgrounds, the Legal Career Guru has asked the "Tell me something about yourself" question. Usually these lawyers pause and, no matter how articulate they may be professionally, bumble through their answer. They don't make a good argument for themselves. Curiously, the diligence that lawyers would never neglect for a client is often forgotten when making a case for themselves.
 
Stating Your Case

In introducing yourself, when you are screened over the phone, in the office of a potential legal employer, and especially during an interview with a hiring committee, it is critically important that you immediately establish your credibility. You must describe for your audience - as clearly and concisely as possible - your work history, your specific expertise, significant accomplishments, educational background, and anticipated career direction. You can do this with a well-prepared "opening argument," or what career consultants call a 60-second sound bite, profile statement, or "infomercial," that provides your hearers with an excellent first impression and tells succinctly:
 
  • Where you are coming from
  • Where you want to go
  • Your credentials to go there
Creating Your Profile Statement


There's an easy way to develop your own opening argument for phone screenings and face-to face interviews:

First, read some of the samples [below]. Think how you would describe some of the highlights of your own career, what you want to say, and how you would describe your legal experience. An Accomplishment Storytelling exercise might help trigger your memory. .

Next, use the form below as your guide. However, before you write out your Profile Statement word-for-word, talk it through in your mind and listen to how you are describing your experience. Find words that fit, that sound "right," then write out this internal "script" and see how it looks, how it feels to you. Be sure that you are as concrete as possible. Paint a word picture.
 
Some Samples


An associate, in her mid-30s, seeking to transfer her credentials:

I am an attorney with significant experience in the Delaware Valley nonprofit community, including the Girl Scouts and the American Heart Association. In addition, I was Chair of last fall's highly successful drive for the Battered Women's Shelter. My law degree is from Syracuse University and I'm a cum laude graduate of Bryn Mawr. Presently, I am an Associate at the Bailey, Banks & Biddle law firm.

At Bryn Mawr, I designed a new alumni development campaign, recruited student volunteers, and managed a telemarketing event that realized approximately $100,000 for the college development fund. So based upon my considerable experience in the nonprofit sector, I am considering a new direction in institutional development with either a United Way agency or a private foundation. I possess extensive local corporate and community contacts and I guess I would describe myself as a results-oriented professional who can identify objectives and achieve goals.

A partner from a failing commercial practice:

I presently provide direction and manage a comprehensive commercial and business practice as a partner in a 55-attorney, civil litigation firm. I handle a broad range of issues, including products liability, professional malpractice, and employment discrimination. As managing partner, I introduced new computer and communication systems and streamlined case handling procedures, resulting in savings of over $1 million annually. In this capacity, I also serve a diverse client base, including such companies as Ardmore Aeronautics, Bonato Designs and Pelagian Pharmaceuticals, where I act as outside counsel and troubleshooter on a variety of concerns, My law degree is from Georgetown University, where I was on the law review, and I am a graduate of Marquette University. Because of my firm's impending downsizing, I am seeking a position as in-house counsel in a small to medium-sized corporate entity.

Counsel for a municipal agency seeking a lateral move:

As counsel for the District of Columbia's Housing Authority (DCHA), I possess comprehensive experience in risk management, claims adjustment, and the oversight of a large Workman's Compensation program. In this position, I recently uncovered a $500,000 fraud by a provider who was billing the agency for services never furnished. My law degree is from Rutgers University School of Law, Evening Division, and my B.A. is in Human Services from Antioch College. After eight successful years in my present position, I feel it's time for new challenges and am seeking a position in the corporate legal department of a major private security agency where I can offer my superior abilities in compensation program management, and pension and benefits oversight. I would describe myself as a dedicated administrator with comprehensive legal and management abilities.
 
Getting Started

Use the above opening statements as a guideline and now write out your own Profile Statement. Just answer the following questions in about a paragraph and then put your words together into one comprehensive statement.

WHERE HAVE YOU BEEN?

WHERE DO YOU WANT TO GO?

WHAT ARE YOUR CREDENTIALS TO GO THERE?
 
Practice Makes Perfect

When you have completed your script, say it out loud. Make it conversational. Tape yourself and listen. Edit your Profile down to about one minute. Do you tell a story? Do you paint a picture? Then learn it word-for-word. At first, it may sound stilted or "canned," but with a little practice, you will soon be giving it back naturally.

Practice, practice, practice. Learn it by heart and keep practicing until it becomes smoother, more spontaneous and sounding unrehearsed. It could just be the greatest "opening argument" you will ever make.

published February 16, 2023

( 7 votes, average: 3.9 out of 5)
What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.