Opening Statements and Closing Arguments

This course provides a structured examination of the critical elements in presenting a personal injury case at trial, with particular emphasis on developing and delivering effective opening and closing statements. Attendees will study the legal and factual components necessary to establish liability and damages and learn to craft persuasive narratives aligning with trial themes and evidentiary support.

Mr. O’Donnell will cover the strategic goals, inherent risks, and permissible scope of opening statements, including the distinction between argument and explanation, ethical limitations, and the implications of case law such as People v. Meseral (2014 Guam). Topics include juror messaging, thematic framing, and the constraints surrounding the defendant’s right to remain silent.

The course also explores the closing argument as a critical opportunity to synthesize testimony, reinforce the burden of proof, and advocate for a just verdict. Focus areas include effective use of witness testimony, expert opinions, jury instructions, and evidentiary themes. Professional responsibility is paid to compliance with ABA Rule 3.4 and avoiding improper argumentation, such as per diem or annum damages.

Attendees will be equipped to deliver clear, ethical, and compelling trial presentations that reflect legal precision and advocacy skills. This course is ideal for attorneys seeking to enhance their practical advocacy skills by strengthening their ability to craft, deliver, and evaluate effective opening and closing statements in personal injury trials.

Learning Objectives:

• Identify and articulate the essential elements that must be proven in a personal injury trial, including legal standards for liability and damages
• Draft and deliver opening statements that are persuasive, ethically sound, and aligned with evidentiary and thematic strategies
• Distinguish between explanation and argument in trial advocacy, and recognize the permissible scope of advocacy during opening and closing statements
• Analyze and apply relevant case law, including People v. Meseral (2014 Guam), to avoid improper argumentation and safeguard a fair trial process
• Construct closing arguments that synthesize factual testimony, expert opinions, legal standards, and overarching trial themes to advocate effectively for the client