Opening and Closing Statement Strategy

Opening Minds. Closing with Impact.

A juror’s causal framework for thinking about a case will guide his or her interpretation of the information presented. People tend to see information that is consistent with and confirms their hypotheses rather than information that could cause them to reject their hypotheses. Therefore, opening statements are especially critical to a case. Moreover, jurors tend to best remember the last arguments and evidence presented in a trial as this information is still active in short-term memory, making it more accessible for recall. Thus, closing arguments have a greater impact on jurors’ memory and potentially their verdicts than information presented earlier.

Focus Litigation Consulting’s opening statement and closing argument strategy service focuses on these important components of a case presentation. We assist in developing opening and/or closing presentation narratives that effectively communicate the most attractive, optimistic and empowering message possible to jurors (or judges). Using theme development, analogies/metaphors, rhetorical cues, narrative tools, demonstrative aids, and linguistic cues, we help develop opening statements and closing arguments that are simple, convincing, memorable and used in deliberations. We will ensure that legal arguments address critical questions the fact finder will likely need answered at the close of trial. We can also assist in practice runs/mooting an opening or closing to help fine-tune arguments, themes, demonstrative aids, and presentation techniques.

Roy Black, Esq.

Black Srebnick

Geri Fischman is a trial consultant all-star. My client hired Geri and her team to conduct a mock trial on a very sensitive legal issue. Geri and her team are committed, polished, and on top of all aspects of the mock trial. Geri’s team adapted to both our firm and the clients’ needs. The mock trial went off without an issue and because of the mock trial, our firm was able to test different theories of the case and see how jurors reacted to case facts to better prepare for trial. Geri’s team always acted in a professional manner. During the mock trial, Geri went over and above to make sure that our attorneys received the reports in real time. And when the mock trial concluded, Geri promptly provided our firm with an extremely detailed report that analyzed every aspect of the presentation. In a world where clients want to receive more than what they have paid for, Geri Fischman provides that.

Jonathan Beckerman, Esq.

Littler Mendelson

My client hired Geri and her team to conduct a mock trial for a tricky whistleblower lawsuit. The report that followed was incredibly detailed and was filled with invaluable information regarding every aspect of the case. It helped us shape our trial theme, determine juror sentiment on thorny issues, and determine which evidence mattered most to a layperson. In fact, the report was so good and my client was so impressed with Geri’s work, we hired Geri to assist us with voir dire at trial. After 5+ years of litigation and a two-week jury trial, it took the jury only an hour-and-a-half to deliver a full defense verdict in my client’s favor. There is no question that this decisive victory was due in large part to Geri’s involvement and contribution. It is not a matter of “if” I will hire Geri again, it is a matter of when.

James J. Mahon, Esq.

Becker & Poliakoff

I recommend Focus Litigation Consulting without hesitation. They are the best in the business! Dr. Fischman and her team provide objectivity and statistical analysis in helping litigators prepare for challenging trials. In conducting mock trials, Dr. Fischman and her team provide detailed analysis and recommendations. This advice is invaluable. The same holds true for jury selection. Dr. Fischman and her team provide insight not available by simply questioning a prospective juror. Their advice in this process cannot be overstated.

Kent Shoemaker, CEO

Lipman Produce

Many thanks for your work on the Bishop case. Winning this case sent a strong message that when we are right, we will fight! The increasing trend of businesses and insurance companies to settle cases, will only increase the number of people who think they can get money when they know they do not deserve it. The work your team did to assist our attorneys at Littler and our management team was instrumental.
In particular, the 36-juror mock trial clearly showed us where our case had opportunities for improvement. The mock also showed the work I needed to do to be able to become more “relatable” to a jury. Your comprehensive written jury research report became instrumental to our trial planning. The supplemental written juror questionnaire used in voir dire gave us a clear understanding of how to elicit key case-related juror biases. And, the witness preparation work you did with me and other members of our team had us ready for trial. From posture to relatable clothing to tone of response…it was all valuable.

Having your team with us for jury selection ensured that we had a jury that was favorable. The fact that, after a two-week trial, they deliberated for less than an hour says it all!

Thanks again for helping us win. It was not easy for me to decide to spend the money, but I would do it again.