Law360, New York ( September 30, 2015, 1:39 PM EDT) -- Over the last three decades serving as a trial consultant on some of the largest civil cases in the country, I have listened to well over 1,000 opening statements, whether made in the courtroom or in pretrial research. In the process, I have observed trial lawyers striving mightily to earn the trust and confidence of the jury. In particular, defense lawyers desperately want to prevent jurors from rushing to a conclusion before they hear all of the evidence. One technique that just won't go away is the "Paul Harvey" approach. Defense lawyers know that plaintiffs have a natural advantage because they get to speak first. These lawyers are taught that they must remind the jury that both sides get to have their say, and it is important to listen to both sides....
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