trial

Purpose of Opening Statements

Posted by David Adelstein on May 19, 2015
Trial Perspectives / Comments Off on Purpose of Opening Statements

 

We’ve all seen movies that reflect the power of an opening statement.   Remember the movies “The Devil’s Advocate” or “Philadelphia” or “A Few Good Men?”   All of these show powerful opening statements with a purpose.  Remember the movie “My Cousin Vinny?”  This movie does not reflect a powerful opening statement with a purpose, although it sure is funny!

 

“The purpose of opening statements is to outline what an attorney expects the evidence will establish, and control of opening statements is within the trial court’s discretion.” Bush v. State, 809 So.2d 107, 118 (Fla. 4th DCA 2002). The opening statement allows a party’s attorney to tell the jury what the case is about and the salient factual details of forthcoming testimony and evidence. To this point, Florida Standard Jury Instruction 202.2 which is read to the jury after it is sworn in contains a preliminary jury instruction that provides:

In a few moments, the attorneys will each have a chance to make what are called opening statements. In an opening statement, an attorney is allowed to give you [his] [her] views about what the evidence will be in the trial and what you are likely to see and hear in the testimony.”

The opening statement gives the attorney the opportunity to persuasively convey the party’s theme or theory of the case along with those facts that will be supported by the evidence that fit into that theme. In other words, the opening statement allows the lawyer to tell the jury what the evidence will establish in the context of that party’s theory or theme of the case.

The opening statement should not be taken lightly. It is a vital part of persuasively presenting a case to a jury so that, among other things, the jury understands what evidence you are trying to present and what you are trying to prove with the evidence.

 

Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.

Tags: , , ,

Is Greed Really Good?

Posted by David Adelstein on December 13, 2014
Trial Perspectives, Uncategorized / Comments Off on Is Greed Really Good?

 

 

We all remember  the famous “Greed is Good” speech from the movie Wall Street.

How do you not love this movie and this speech?  But, is greed really good?  Does, greed really clarify the essence of the evolutionary spirit?

When it comes to a dispute, sometimes–and most of the time–it is perhaps better to analyze the dispute from a big picture perspective in order to come a reasonable resolution.   Yes, this reasonable resolution may not result in the resolution you ideally wanted, but it may potentially be the right resolution where greed and principle remain on the outside.

It is not always the best option to take a sophisticated or complicated dispute to trial.  Sometimes, the parties are left with no choice–perhaps because the parties are allowing greed or principle to interfere with their business decision or what they perceive to be a reasonable resolution.  This happens.  That’s alright.  There are times the parties are too far apart to resolve a dispute without trial.  And, in my opinion, every dispute should be prepared with trial in mind because it is this preparation and understanding of the facts and required proof at trial that may help parties reach the reasonable resolution.

Trial is fun for the lawyers.  But, trial takes the dispute out of the parties’ hands and puts the dispute in the hands of a trier of fact (judge or jury) that may not appreciate the facts or the intricacies of a complicated dispute, or a party’s position in a dispute.  And, there is a winner and there is a loser (and, there are times all the parties lose)…and, then there is the appeal that further prolongs the outcome.

So, this brings us back to the question: Is greed good?

 

Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.

Tags: , , , ,

Prove My Case

Posted by David Adelstein on December 06, 2014
Trial Perspectives, Uncategorized / Comments Off on Prove My Case

There is no better way to begin, then by relying on scenes in movies to support a point!

Well, what is the point?

It’s not about having a case, it is about PROVING your case…persuasively!

 

 

Well, it’s not what you know, it’s what you can prove in court!

And, truthfully!

 

 

You want answers?  I want the truth.  YOU CAN’T HANDLE THE TRUTH!

Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.

Tags: ,

Contact Me Now

Prove YOUR Case!

Contact:

David Adelstein ♦

(954) 361-4720 ♦

dadelstein@gmail.com