Opening Statement Part 1, Rules.

We start our opening statements with what the Defendants are required to do in this case. The Rules. The Rules broken by the Defendants. That caused, for instance, their patient’s death. I almost always limit my Rules to 3. 3 Rules. At most 5.

Whether the Defendants are required by the Hospital’s policies and procedures, their own Standards of Care or state and federal laws, we want the jurors to know the rules in our case immediately before they hear the facts.  We want the jurors to apply these rules to the facts of our case as we tell our story in our opening.  

As you share your rules be matter of fact. Your inner monologue is something akin to “you and I both know . . .”  Where appropriate, incorporate your facts into the rules of your case, and put your rules in the present tense.  

Your Rules portion of your opening also includes the consequences of breaking those rules. The consequences to their patient. For instance, “When that patient’s nurse deliberately disregards the specialists’ written instructions, and that baby dies as a result, that nurse is also responsible for her patient’s death.”

Until next time,
James Hugh Potts II
We Win. Things Change.