What I teach Harvard Law School students about opening arguments

By Ronald S. Sullivan Jr., Harvard University

Though Hollywood movies about courtroom dramas often glamorize the closing arguments given by lawyers, in reality the opening statement is likely the most important single event of a trial.

Lawyers in the hush money case involving former President Donald Trump and alleged payments to porn star Stormy Daniels presented their opening statements on April 22, 2024, in New York.

In this case, Manhattan District Attorney Alvin Bragg charged the former president with 34 felony counts of falsifying business records as part of an effort to influence voters’ knowledge about him before the 2016 presidential election. Trump entered a plea of not guilty.

Academic psychologists tell us that between 65% and 75% of jurors make up their minds about a case after the opening statement. What’s even more incredible is that 85% of those jurors maintain the position they formed after the opening statement once all evidence is received and the trial is closed.

More often than not, it is too late by closing arguments to win over the jury.

This phenomenon comes as no surprise to veteran trial lawyers. They are aware of two theories that define how jurors – indeed, people generally – process information: the concepts of primacy and recency

These ideas suggest that jurors best remember what they hear first and what they hear last. It is vitally important, then, for lawyers on both sides to start their opening arguments with a bang.

The psychology of jurors

I have taught a course on trial advocacy for the past two decades at the Harvard Law School. Part of my curriculum is to teach budding lawyers how to deliver effective opening statements.

If the idea is to win over the jury by the end of the lawyer’s opening statement, how, in practice, is that done?

Trial lawyers steeped in the research know that juries respond to a well-considered theory of the case, punctuated by a pithy theme.

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