Jury Speech Rules

Book excerpt: Jury Speech Rules shows trial lawyers that persuasive jury opening statements and closing arguments require imagination, story-telling skills, and a thorough knowledge of the legal and ethical rules that govern this important part of trial. Using famous historical cases and many useful examples, the authors demonstrate when things go wrong and when they are done right. Opening statements can present the important facts to the jury from the party's perspective, making the jurors receptive to the story that counsel intends to tell through the witnesses, documents, and visuals; well-constructed and well-delivered openings, which avoid improper argument, make an interesting introduction of the parties and the attorneys. Counsel can keep the other lawyer quiet by presenting an opening that provides no opportunity for interruption with objections. Closing arguments that can present inferences, arguments, and conclusions will help the jurors understand the significance of the facts that have been proven at trial; such arguments can explain the significance of expert testimony; they can point out logical errors in the opponents' stories; and they can win the jurors' by persuading them that the more interesting story—the more natural story, the story that fits their own experiences best—is the truthful story.