In Opening, Dispense With “The Evidence Will Show”
Opening statements aren’t evidence or an argument. So, what is it?
Opening statements should be a preview of what the evidence is going to be. However, the verbiage used could be changed up a bit from the standard “the evidence will show.” This white paper reviews several reasons why trial lawyers should stop using that phrase and try something new.
Dr. Ken Broda-Bahm is a senior litigation consultant with Persuasion Strategies and has provided research and strategic advice on several hundred cases across the country for the past 16 years, applying a doctorate in communication emphasizing the areas of legal persuasion and rhetoric. As a tenured Associate Professor of Communication Studies, Dr. Broda-Bahm has taught courses including legal communication, argumentation, persuasion, and research methods. He has trained and consulted in 19 countries around the world and is Past President of the American Society of Trial Consultants.
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