Tips for Crafting Opening Statements Using "Tap and Immerse" Techniques

Tips for Crafting Opening Statements Using "Tap and Immerse" Techniques

By Robert Steiner MS, M.Ed, JD 

Introduction

Opening statements are crucial in setting the tone of a trial. The "Tap and Immerse" approach focuses on engaging the jury emotionally (Tap) and immersing them in the narrative of the case (Immerse). This manual provides a step-by-step method for using these techniques to create a compelling opening statement that effectively introduces the case, frames critical facts, addresses potential negative aspects, and motivates the jury to engage with the story.

1. Understanding "Tap and Immerse"

- Tap: Engage the jury's emotions by connecting with their feelings and values. Tap into a common visceral experience.  Consider the feeling of butterflies in your stomach when you were sent to the principals office. This is a nearly universal experience and the odds are most of the jurors can recall this particular event in their past and the exact feeling they had at the time.

- Immerse: Draw the jury deeply into the narrative of the case, making them visualize and relate to the story. Think of the narrative and visceral styles of writers like Phillip Roth or Cormac McCarthy.  Look at how they set the stage for their storytelling with the "touch, taste, and smell" of the setting of their story. 

Now we don't want to sound as solemn or as biblical as McCarthy in this excerpt from "Blood Meridian ," but we do want our listeners to see and feel everything that the characters in our story feel. Those shared feelings lead to what I call empathetic alliance.

"The solitary pilgrim traveled far to be here and he knelt in the hot sand and held his numbed hands out while all about in that circle attended companies of lesser auxiliaries routed forth into the inordinate day, small owls that crouched silently and stood from foot to foot and tarantulas and solpugas and vinegarroons and the vicious mygale spiders and beaded lizards with mouths black as a chowdog's, deadly to man, and the little desert basilisks that jet blood from their eyes and the small sandvipers like seemly gods, silent and the same, in Jeda, in Babylon."

2. Structuring the Opening Statement

Step 1: Tap into Emotions

1. Identify Core Emotions: Determine the primary emotions relevant to your case. These could be empathy, outrage, sadness, or hope.

   - Example: In a personal injury case, tap into the jury’s empathy by highlighting the pain and suffering of the victim.

2. Craft a Compelling Anecdote or Scenario: Start with a vivid, relatable story or scenario that evokes these emotions. Ensure it connects directly to the core issue of your case.

   - Example: Describe a moment that illustrates the impact of the injury on the victim’s life, such as a poignant event that symbolizes their loss.

Step 2: Immerse the Jury

1. Outline the Case Theme: Introduce a central theme or narrative thread that will guide the jury through the facts of the case.

   - Example: "This case is about a journey from trust to betrayal," where the theme revolves around a breach of trust.

2. Sequence the Facts: Present the facts in a logical and compelling sequence that supports the theme. Focus on key facts and weave them into the narrative.

   - Example: Sequence facts to show how a series of events led to a critical moment, emphasizing the cause-and-effect relationships.

3. Address Potential Bad Facts: Preemptively acknowledge and frame any negative aspects of the case. Provide context or explanations to mitigate their impact.

   - Example: If there are weaknesses in the case, address them openly but frame them as part of the broader narrative, demonstrating that they do not overshadow the central theme.

Step 3: Conclude with a Rhetorical Device and Call to Action

1. Use a Rhetorical Device: End with a powerful rhetorical device that reinforces the theme and leaves a lasting impression.

   - Example: A metaphor or analogy that encapsulates the essence of your case. For instance, "The truth will shine through the fog of confusion."

2. Call to Action: Direct the jury on what to look for in the evidence and how to approach their deliberation. Encourage them to engage deeply with the story and the evidence.

   - Example: "As you listen to the evidence, remember the journey we’ve described. Look for the signposts that confirm the trust we’ve been betrayed and deliver justice."

3. Example Opening Statement Framework Using Tap and Immerse

Opening: “Ladies and gentlemen of the jury, imagine for a moment waking up to a world where everything you once took for granted has been shattered. This is the reality for [Plaintiff’s Name], who trusted [Defendant’s Name] only to be betrayed in the most profound way. Today, we’re here to seek justice for that betrayal.

Over the next few days, you will hear about a series of events that led to this moment. We will walk through each step, not just as a series of facts, but as a journey that profoundly affected [Plaintiff’s Name]. As we move forward, I want you to remember the trust that was broken and the pain that ensued.

Yes, there will be difficult facts to consider. Some might suggest that [Plaintiff’s Name] wasn’t as diligent as they should have been. But I ask you to view these facts through the lens of the overall narrative—the betrayal and the suffering that followed.

In the end, this case is about more than just facts and figures. It’s about trust, betrayal, and ultimately, justice. As you deliberate, think about the journey we’ve described and look for the evidence that supports it. Your role is crucial in bringing closure to this chapter of [Plaintiff’s Name]’s life. Thank you.”

Conclusion

By integrating Tap and Immerse techniques into your opening statement, you create an emotionally engaging and narratively coherent presentation that guides the jury through the case. This approach not only captures attention but also frames the facts in a way that aligns with your overall theme and strategy.

References

- The Art of Advocacy: Briefs, Motions, and Trial Techniques by Charles R. Callahan

- Trial Techniques by Thomas A. Mauet

- The Trial Lawyer: A Lifetime of Learning by Michael S. Kipper

For further information or to discuss any legal matters, please contact Attorney Robert Steiner at (205) 826-4421 or via email at robert@steinerfirm.com. Whether you have questions about this article or need personalized legal advice, he is available to assist you.