Young lawyers look at the anatomy of a trial

Don't be a lawyer!  Be a teacher, a helper, a friend.

That was the advice of experienced trial lawyers David Deehl of Coral Gables, Fla., David Goodwin of Miami and Kim Selmore of Miami, sharing tips on effective opening statements and direct examinations during the Young Lawyers Division Anatomy of a Trial Series at the ABA Midyear Meeting in Miami.

Deehl and Goodwin made clear the opening statement starts well before the trial, with a "complete command of the case."  Deehl suggested the initial sentence of an opening statement can be found in the 10 key words or phrases, for example, negligent, speeding, driver, cell phone, killed, wonderful man, justice, demands, full compensation. 

But before you use that key sentence, both Goodwin and Deehl emphasized, "Start by saying nothing."  Make eye contact with each juror, connect with each juror.  Then, they said, tell the unfolding story of your case.  Both cited "Carpe Diem: The Rule for Powerful Opening Argument," an article by John Buckley of Chicago, a past chair of the Division's Trial Techniques Committee, as sound guidance for opening statements.

Cautioning that litigation is "not formulaic," Goodwin said, "The best strategy is to have themes that resonate with the jury, give them psychological anchors.  Those are the phrases that turn into themes that the jurors remember above all others, that bring together all the details under one umbrella to reach the verdict that you want."

Preparing for direct examination, said Selmore, starts by writing your closing argument.  That tells you what you need to establish, where you are going, and how to get there.  She stressed the importance of spending time with witnesses before trial, showing respect for them from the first meeting, explaining the case, the importance of their role, and the importance of the lawyer's job.

Use that time with the witness to identify quirks that can harm the witness' credibility and facts or issues in the case that make them uncomfortable, because those may be minefields at trial, she said.

Each of the experts laced their comments with tips for trial and preparation.

For more Tips From the Experts, download the pdf here.

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