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Litigation

2003

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Opening Statement -- Making It Stick, Ronald L. Carlson, Michael S. Carlson Aug 2003

Opening Statement -- Making It Stick, Ronald L. Carlson, Michael S. Carlson

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Every lawyer who sits down to plan her opening remarks for a coming trial has the same question: How far can I go in arguing my case during the opening statement? Can I mention the law? What about drawing a diagram of the accident on a blackboard? Will my opponent be able to stop me from displaying a couple of my dramatic exhibits to the jury?

Making one's theory of the case "stick" from the very start of the trial depends mightly on how far the lawyer can go in opening statement. Where the defense is primarily a legal or …