Domestic Diversions

Checklists
OPENING STATEMENTS:
Content:
1. Be as brief as possible.
a. Long enough to cover subject.
b. Short enough to keep interesting.
2. Include only what you know you can prove.
3. Present characters, setting, story.
4. Personalize your client.
5. Discuss basis of claim or defense (elements).
a. Incorporate into story if possible.
6. Emphasize strong points.
7. Consider briefly stating problems/weaknesses and show how overcome.
8. Emphasize fundamental weaknesses in opponent’s case.
9. Highlight facts which resolve conflicts in testimony in your favor.
10. Explain technical terms.
11. Explain vital pieces of evidence/witnesses/use of depositions.
12. Tie in closing argument if possible.
a. Phrases.
b. Structure.
Structure:
1. Introduction:
a. Tell what kind of case.
b. Find something dramatic, interesting, or identifiable.
c. Get attention with something compelling and strongly put.
2. Middle:
a. Present characters, setting, story.
b. Tell the story.
c. Tell from client’s prospective.
d. Let facts argue for you (statement not argument).
3. Conclusion:
a. Essence of claim or defense.
b. Finish with confidence.
c. Explain remedy or verdict you want.
Delivery:
Be yourself.
Talk to the trier-of-fact and use conversational tone.
Be clear, simple and uncomplicated.
Don’t read. Maintain eye contact.
Be confident. Be forceful and positive without being argumentative.
Use exhibits and visual aids if appropriate (especially maps, photos, diagrams).
Tell a story.
Be animated. Give it emotion. Excite, interest, entertain = persuade.