Opening Statements and Closing Arguments and Attorney Reporting Requirements

The first hour of this course will examine the critical elements in presenting a personal injury case at trial, particularly in 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.

The second hour of this program will go over a thorough examination of abuse in two critical contexts for attorneys: child abuse and elder abuse. Attorneys are mandatory reporters and thus need to know what constitutes abuse and when they must report it. Mr. O'Donnell will explain this through definitions, indicators, reporting requirements, and the legal structures designed to prevent and respond to abuse.

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.
• Define the legal and clinical definitions of child abuse and elder abuse, including the specific forms each type of abuse can take (e.g., physical, emotional, sexual, financial, neglect).
• Identify common indicators and warning signs of abuse in both children and the elderly, including behavioral, physical, and contextual red flags.
• Explain the legal obligations of attorneys as mandatory reporters under state and federal law, focusing on distinctions between jurisdictions and types of abuse.
• Analyze the tension between mandatory reporting duties and attorney-client privilege, including when exceptions apply and how different states handle conflicts.
• Describe the process for reporting suspected child and elder abuse, including timelines, designated reporting authorities, and required documentation.
• Apply key provisions of the Child Abuse Prevention and Treatment Act (CAPTA) and the Elder Justice Act (EJA) to real-world legal practice scenarios.
• Evaluate the consequences of failing to report abuse, including professional, legal, and ethical ramifications and penalties under relevant statutes.