Your opening may read brilliantly on paper, but here’s the
thing: the jurors won’t be reading your opening; they’ll be listening to it.
Listening involves different pathways in our brains. What may make a great deal
of sense when read can come across as just so much nonsense when heard.
The best example I know of is the classic “Eats, shoots and
leaves.” A comma is all that distinguishes a murderer from a friendly Koala
bear (“Eats shoots and leaves”)! Yet when spoken, the listener has little way
of knowing which is which, unless of course, they are attending to the context.
If you want to make sure your opening sounds the way you
want it to, read it out loud.
Step One is to read it out loud to yourself, because
I guarantee you will pick up all sorts of issues with your written version that
need to be addressed. You may even wish to record yourself speaking your
opening, since it can be difficult to spot problems while you are speaking.
Things to watch out for, for example, run-on sentences. Or the use of “they”
“he” “she” or “it” without referencing a noun close enough to the pronoun. Or
sentences that have so many conditional clauses, the meaning is lost long before
the end of the sentence.
Step Two is to read it out loud to a friend or family
member who is NOT intimately acquainted with the material, and from whom you
are willing to hear constructive criticism. In addition to whatever comments
your friend makes, ask: “Is there enough emotion in this to grab your
attention? Is my language clear enough so you never went “huh?” as you
listened? Are my sentences short enough? Am I using repetition in a way that
helps or hurts? Does the way my opening unfolded appeal to your common sense,
or is it too complex?” and so on.
Do the same with your closing argument. Any actor worth their
salt always rehearses out loud. A courtroom in many ways, is a theatre.
The small amount of extra effort required to speak your
words out loud may make all the difference between convincing the jurors of
your case or watching their eyes glaze over as your case peters out.
