Don't Overload the Jury with All the Details in Opening Statement

By Chad Colton

Let’s be honest, preparing opening statements sucks. It takes a ton of time and mental energy.  And by the time trial comes along, you may be so bogged down in your case that it’s hard to distinguish what facts will matter to real people (judges and juries) and what won’t.    

Whatever the drivers may be, most lawyers fall into the trap of overloading their opening statements with too much information.  We worry that we need to get every little detail in front of the jury right at start—otherwise we might miss something that can make the difference between winning and losing, or our opponent might accuse us of leaving things out.  Right?

No.  That’s the fear based way of trying cases. And it lands flat with jurors.

Here’s a more strategic approach to help you craft compelling opening statements.

Avoid Stuffing the Opening with Detail

During opening statement, jurors usually aren’t in a position to grasp all the intricate details of a complex case. They’re essentially drinking from a fire hose of information, hearing your story for the first time while trying to understand their role in the courtroom. Remember, they’ve just gone through the weird experience of jury selection and might still be processing the fact that they’ll be part of the trial for days, weeks, or even months.  They’re just not in a great mindset for learning, and frankly, they don’t care all that much about your case yet.

Complicating things, juror (human) attention spans have gotten shorter over the last decade. Most people don’t consume information these days by sitting through a lecture.  They’re used to bite-sized, punchy content on streaming services and social media.  On the rare occasion they do sit through a long presentation (think of a movie), every moment needs to be riveting to keep them engaged.

The jury wants you to get the point and tell them what matters. They are not going to have the patience to grasp every detail of the case—and they may resent you for it if you try to force them to do it too early. 

Provide a Clear Framework

Instead of overwhelming the jurors with details, give them an understandable framework that will stick with them throughout the trial. Tell a powerful story that includes the essential facts and themes of your case—leaving nothing of importance out and leaving nothing unimportant in. Then they can piece the evidence together as they hear it, drawing back on the memorable story that you told them in opening to put it all in context. 

Keep it as Short as You Can

Please don’t misunderstand, you have to communicate all of critical facts of your case in opening. Otherwise you risk misleading the jury and losing their trust. But do it in as short a timeframe as you can. As I “grew up” doing trial work, I often heard that the sweet spot for an opening in a complex case is about 42 minutes. Personally, I think that’s getting even shorter. In really great TED talks, the speakers can tell you about their life’s work and move you to tears in under 20 minutes. That’s admittedly too tall an order for a commercial case, but if they can cut out the details, so can you.  

Save Some Drama and Surprises for Later

Jurors expect trials to be as entertaining as what they see on TV, and they can become frustrated when reality doesn’t match those expectations. So, leave some drama and surprises for the case-in-chief and cross-examination—when they’re bored and you can’t talk to them directly. By holding back some of the details from the opening, you give jurors the task of filling in the gaps, which keeps them more engaged and attentive.

Engage Your Audience

People appreciate an effort to keep the trial interesting and lively. By delivering a concise, impactful opening statement and saving some elements for later, you not only maintain their interest but build your credibility and enhance their understanding of your case. Engaged jurors are more likely to remember key points and be persuaded by your arguments.

Conclusion

Crafting an effective opening statement requires a strategic balance of information and storytelling. Avoid overloading your opening with details, provide a clear and memorable framework, and keep some surprises for later stages of the trial. This approach will help you keep jurors engaged and improve your chances of success in the courtroom. A well-prepared opening statement sets the stage for the entire trial and can significantly influence its outcome.

For more tips and insights on navigating high-stakes commercial disputes, stay tuned to my WYNTW videos or follow me on LinkedIn.

Chad Colton helps companies and business owners navigate high-stakes commercial litigation—when businesses, reputations and livelihoods are on the line. He often serves as parachute trial counsel, joining cases at the mid-point or on the eve of trial (sometimes literally) to develop a hard-hitting trial package. He has taken nearly 30 cases to trial across the country and served as lead counsel on some of the most high-profile commercial jury trials in the Pacific Northwest.