Not surprisingly, both plaintiff and defence counsel agree that the opening statement in civil jury trials is the most important part of the trial or case.
However, what is surprising is that plaintiff and defence counsel both agree that establishing the lawyer’s credibility is an essential part of the opening statement.
In the two relevant passages of this video you will hear similar messages from well known senior litigators, John McLeish at McLeish Orlando LLP and Paul Tushinksi of Dutton Brock LLP about the purpose of the opening statement.
Essentially, John McLeish and Paul Tushinksi state that it is extremely important that they establish credibility with the jury during the opening statement so that the jury believes them.
Generally, we know that jurors are skeptical of plaintiffs and their injuries in personal injury cases. However, jurors are also skeptical of the lawyers!
John McLeish comments that the jury comes into the trial with an existing belief system or a pre-disposition towards lawyers. Typically, jurors believe that lawyers are tricky and will do whatever it takes to win the case.
Having watched the video and considered the case, what do you think? Feel free to contact me and let me know your opinion.
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